James Burkhardt’s Techdirt Profile


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  • Sep 28th, 2016 @ 10:44pm

    Re: In A Nation Awash With Guns ...

    yes...75 cop cars chasing one, possibly armed, suspect who was accused of firing a single shot that produced no bodies is an entirely reasonable and justified force response level. as is firing 137 rounds in the span of 30 seconds. /sarc

    You know how "threatened these cops felt? one of them got up on the police car, completely exposing himself to return fire, so he could get in on the extrajudicial murder. There was no goddamn threat and they knew it.

  • Sep 27th, 2016 @ 10:57am

    Re: Trump made this same point in the debate last night...

    Big companies have never been more profitable. The tax cuts proposed by Trump don't target the small businesses that are supposedly overburdened by taxes, and in gives the lion's share of the benefit to the Big companies who we want to tax. High taxes encourage investment in a business, because the investment back into the business reduces the tax burden. Lowering tax burdens has never been shown to increase business investment, and we can clearly see that wage growth has significantly slowed since the tax cutting Reagan era.

    Freeing up big business to be even more anti-competitive by giving them more cash and less regulation does not necessarily help the small businesses that the regulation and taxes are supposedly destroying.

    As for regulatory burden - trump has listed a few problems he has with regulation. Like Farm Health and safety standards, the lack of which lead to several major health crisis in his restraunts. Or Food Preperation standards like not serving meat 6 months after its prime - again something trump restraunts have a problem with. Or not contaminating streams that feed into larger water sources with toxic chemicals? He has a problem with that, i guess thinking that small streams are independent from bigger sources.

    He wants to 'rank' saftey standards. So whats more important - Food Storage Temperatures requirements for Beef that help prevent E-Coli outbreaks or Cooking Temperature standards for Pork to help prevent parasite infection?

    He complains about regulations for dog food, implying that we shouldn't care. But pets tend to be well loved companions whose loss is deeply personal and can be as bad as the loss of any other family member. Medical costs for pets are just as bad as the costs for humans, but insurance is a lot harder to come by. Food safety for pet food to prevent readily preventable disease or parasite infections, and prevent feeding your pet toxic chemicals makes sense, and I am unsure why these costs are supposedly not being borne by consumers. I guarantee you if these regulations are repealed you aren't going to see significant reduction in consumer cost.

    It probably fell on deaf ears because his examples of burdensome regulation always seem to have a clear reason they exist, and his details always seem to not match muster. He wants to reduce Tax revenue by nearly a Trillion a year (but he assures us the economy will boom and so he'll only reduce federal revenues by a Half a trillion a year), while at the same time funding the largest infrastructure investment since the initial creation of the Highway system. I dont understand how he plans to get our trade partners to agree to terms which expressly and intentionally favor the US over their own interests. His economic policy assumes that he can, and if he fails his budget doesn't work at all.

  • Sep 2nd, 2016 @ 3:11pm

    Re: Re: Re: "Ignore the experts, here's what it REALLY means..."

    The point of the language is to prevent the party supplying the language from creating intentionally vague language which the non-supplying party thinks means one thing, but was 'meant' to mean something very different which gave significant leverage to the party supplying the language.

  • Sep 2nd, 2016 @ 2:57pm

    Re: Re: "Ignore the experts, here's what it REALLY means..."

    Actually, this would mean that with the ambiguity of the term Non-Commercial, it should be interpreted to go against Great Mind, as the one who provided the wording of the license to the public.

  • Sep 2nd, 2016 @ 9:14am

    (untitled comment)

    There is no meaningful distinction between the customer pressing copy and the employee pressing copy. Last time I was at FedEx Office, they did not charge different rates for self vs full service. So there is no difference in the profit they make. no added commercial benefit this lawsuit could recover. Its meaningless.

  • Aug 25th, 2016 @ 12:50pm


    Why not? Only one candidate of this campaign has claimed he intends to demolish the protections the media have against reliably quoting him in-context.

    So there's that.

  • Aug 24th, 2016 @ 10:16am

    Re: Huh?

    An identifying Mark is very specific. Changes in such factors as the colors used is enough to be a different mark. Now they are similar, and a court might agree that they are close enough to retain the mark, but by a strict legal reading, the radical changes in coloration combined witht he fact that no 2 color schemes are the same from what i can tell, suggests that this is not an identifying mark.

  • Aug 22nd, 2016 @ 3:54pm


    In my opinion, there is a distinct difference. When you see a Netflix show, you know Netflix paid for it. Youtube Red? You know they paid for it. (have they paid for exclusive content that didn't go under the Youtube Red banner?

    With Facebook Live, the choice of streaming venue is assumed to be natural. If someone streams live over youtube Gaming or twitch, you dont assume they are getting paid to use that specific platform. Same with Facebook Live. I never knew that the reason I was suddenly turning off all these Live notifications was potentially because they were getting paid for it. Each one that used it drew attention to that platform. And if they did not naturally choose that specific platform, then my decisions as to which streaming platform I might consider using are influenced. It advertises the platform, because in streaming you don't assume the content is paid for by the platform.

  • Aug 19th, 2016 @ 4:12pm

    (untitled comment)

    I'm confused. what rights does the IOC claim Mexico violated? Its not copyright, because the person who filmed the video has that. Do they claim like the NFL that despite no contract existing between an attendee of the games and the authoritative body that the authoritative body owns all footage of the event? Im lost.

  • Aug 18th, 2016 @ 6:10pm

    Re: Gun Control by Treaty

    Could you provide a source on the gun control language? Because my searches online only turn up someone saying "I don’t know that it’s there. I’m just assuming that a guy that’s done everything he can heretofore with his pen, as he said he would do, will do it again when he’s given a blank check", which while provocative, does not cite TPP text leaks, and, despite a lot of rhetoric the only thing I can remember that Obama did 'with his pen', is the AFT clarifying that all gun sales are subject to background checks.

  • Aug 18th, 2016 @ 4:26pm

    Re: If you are still using PayPal...

    As a consumer the only way I can deal with some businesses is Paypal.

  • Aug 17th, 2016 @ 9:17am

    (untitled comment)

    Yes, Mr. Trump. Lets Magically cut off the internet for any terrorists, while keeping the internet up for everyone else. Ive got just the button its just that no one's asked me to use the "no terroists" Button before. Of course, we'll be preventing our intellegence agencies from gathering all that terrorist chatter that is the supposed reason for all that mass data collection, so we'll probably want to shut that down, unless we have some sort of ulterior motive for the collect it all mentality?

  • Aug 17th, 2016 @ 9:11am

    Re: What about attorney fees?

    Mainly because it is too early for that motion. First there is the injunction as part of the initial filing, then the motion to dismiss, THEN the motion for attorney's fees. And that's assuming the obvious dismissal occurs. You cant file for attorney's fees before the case is over.

  • Aug 12th, 2016 @ 1:46pm

    (untitled comment)

    I predict it will go to the supreme Court. They will accept the case then punt on the issue of civil forfeiture by ruling with the descent in the appeals case, and ruling they cant issue an advisory opinion/

  • Aug 11th, 2016 @ 8:09am


    "I know Masnick is going to censor my comment for 24 hours because he can't stand it when the police are allowed to do their jobs." based on timestamps you were censored for more than an hour, because people could view and respond.

  • Aug 10th, 2016 @ 8:45am

    (untitled comment)

    I was paying $12 a month for access to CW shows. The DCTU was worth it to me. Im off subscription because it is summer, and so the only thing I was watching was The Daily Show which I could get free. But its not enough to get me to resubscribe, and if they lost CW, i'm gone. but I dont like netflix exclusivity, because it means waiting until fall 2017 at the earliest before seeing any of the upcoming seasons. Hulu and Netflix had for me different purposes, and both got my money. To see them trying to compete against each other when they aren't in the same market is infuriating.

  • Aug 9th, 2016 @ 3:57pm


    Buzzed Driving is Drunk Driving

  • Aug 9th, 2016 @ 3:53pm


    Lets just ignore the fact that for months leading up to Obama issuing his Executive orders on Immigration, Republicans had constantly rejected any type of Immigration reform, and then demanded obama solve immigration reform. So he did.

  • Aug 8th, 2016 @ 9:16am

    (untitled comment)

    Governments should not be developing "products", like they are a retail establishment.

  • Aug 5th, 2016 @ 9:30pm

    Re: Simple fix

    Well, most of the settlements that occur, occur because the defendant can't pay bail. 5 years in prison to prove a point really makes things difficult for your life.

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