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  • Sep 29th, 2020 @ 9:34am

    100 Mbps as the typical subscriber use?

    100 Mbps is an absurd assumption to calculate market size.

    Most streaming services are averaging 3-5Mbps, which provides quite good quality. Netflix recommends at least 5Mbps for high quality, but that builds in other internet usage and ISP variability.

    Yes, the data rate goes up dramatically for high quality 4K streaming. But most people that don't have reasonable internet now aren't going to reject a service that does drops their streams down to merely HQ during peak times.

    A better estimate is that people will accept an average of 1 Mbps, as long as that supports a typical 4 hours a day of 3-5Mbps video plus other usage.

  • Sep 27th, 2020 @ 8:29am

    Re: Re: Oh if only...

    Oh come on, that's a scurrilous accusation.

    Just like on the golf course, mini-strokes don't count against Trump if no one is watching. You can't prove anything, especially not using those lying traitors who he fired because they were no good.

    OK, back to my morring covfefe.

  • Sep 18th, 2020 @ 12:06pm

    Re: More context isn't helping you there...

    The Dershowitz argument is even more extreme than you are suggesting.

    He was arguing that the president was entirely above the law.
    Impeachment is the sole recourse.
    Yet the president can't be impeached because it's not a prosecutable crime for the president to break the law.

    It was a redux of the Nixon "When the President does it..." that was roundly rejected by the public a half century ago. Nixon resigned and was pardoned before that theory could be tested in court.

    Dershowitz basically argued that the president could break any law if he believed that it was in his/her best interest. (With a few intermediate steps e.g. that they believed they were the best president for the country.) And, since the president controlled the Department of Justice, that the president could legitimately stop any investigation or prosecution related to breaking the law in the prior election. While not stated, that implies that an incumbent president can do absolutely anything to stay in office.

  • Sep 10th, 2020 @ 11:36am

    (untitled comment)

    I'm guessing that the attorneys already know the answer to the DNA match.

    There are several close relatives that wouldn't mind providing a private limited-use sample, and there are plenty of ways to surreptitiously get other samples (albeit without those results being admissible as evidence).

    This case is transparently a way to litigate something well past the statute of limitations. But Trump jumped into the obvious trap with both feet, creating a fresh issue. Now Barr is down in the mud, trying to pry open that trap.

  • Sep 10th, 2020 @ 9:54am

    (untitled comment)

    Even if this isn't a procedural slam-dunk (and I think that it might be good for at least extended delays), it leads to an interesting question.

    Since the US Government is substituting as the defendant, how will it be providing the DNA sample?

  • Aug 10th, 2020 @ 9:37am

    (untitled comment)

    There could easily have been a census question...

  • Aug 8th, 2020 @ 10:08am


    A deal like is often a payday for the investors and the specific executives negotiating the deal, and a token amount for the founders, employees and redundant executives.

  • Aug 6th, 2020 @ 8:47pm

    Wearing masks "can't" be enforced?

    The school district has remarkably strict rules limiting how students must dress.


    Some of the terms are actually absurd, such as "(clothing) may not be altered from their original form".

    Adding masks to the rules is hardly a stretch. The rules already cover what you can wear on your head, and actually seem to prohibit wearing masks.

    Not Approved for School Wear

    Pants with holes, appearance of a hole, frays, rips, or tears ... Headgear is prohibited and must be kept out of sight on the school campus during the school day. This includes, but is not limited to, caps, hats, hoods, bandanas, wave caps, sweatbands, sunglasses, or any other head covering. No headphones, combs, rakes, curlers, or picks can be worn in the hair.

    Some of the terms are actually absurd, such as "(clothing) may not be altered from their original form".

  • Jul 30th, 2020 @ 2:43pm

    Re: Journalists

    That sounds remarkably as if you, and only you, gets to decide who is qualified to be a "journalist".

    That's not even a half step away from an official news agency. It's a thinly veiled version of "de-certifying" news organization, a common tactic of totalitarian regimes.

  • Jul 28th, 2020 @ 8:27pm

    Re: Maybe NYPD would benefit...

    Jack Welch's approach got a lot of attention at the time.

    One of his ideas was forcing out the bottom 10% of managers every year, and that policy was often propagated downward. During his first five years GE employment dropped by 112,000.

    He said, near the end of his time as CEO, “My success will be determined by how well my successor grows [G.E.] in the next 20 years.” But he had left his successor a disfunctional organization. Managers were extremely risk-averse, especially when it came to internal growth. Many of the successful legacy businesses had been sold off. Others were on the cusp of rapid decline because of the lack of long-term R&D investment. Only the financial side was growing, and that only because every loan, lease and sale could be factored to see the next quarter's gain.

  • Jul 28th, 2020 @ 1:48pm


    I think that his chances of reducing the penalty on appeal are modest, but not zero. The justice system is generally unforgiving, until it comes to one of its own.

    Note that he hasn't even been temporarily suspended from the bar. How bad must your behavior be in order to be disbarred in a timely manner?

  • Jul 9th, 2020 @ 2:09pm

    (untitled comment)

    Only in my final story did I include a mention of pants, when I noted that they were green corduroy. Therefore any depiction of the character wearing pants of any type violates that still-valid copyright.

  • Jul 3rd, 2020 @ 12:13pm


    "I'm dying to know what's in this book that has the Orange in Chief so scared."

    My guess is that you wouldn't recognize it when you read it.

    But some agency that has been following Fred Trump's "tax-optimized" business dealings would immediately spot the fraud.

    I can't see any other reason for fighting so hard to keep the book from being published. It's not directly about the election. Most people have already concluded that the stories about Trump's past are true. His supporters have ignored them before, and aren't likely to be swayed by a retelling or confirmation. For influencing the few undecided voters, a July release is better than an October release.

  • Jul 3rd, 2020 @ 12:03pm

    Re: New developments

    "Apparently Mary Trump has made a filing with further detail about the NDA. She alleges in her filing that “I relied on false valuations provided to me by my uncles and aunt, and would never have entered into the Agreement had I known the true value of the assets involved.” She also says that the inaccuracy of the valuations was revealed in a 2018 New York Times investigation."

    Well, that opens a new dimension to the situation. It potentially opens the rest of the family up to discovery over the true value of estate's assets, and if fraud was committed when the estate was settled.
    Normally the time to dispute the valuation would be long since passed. Even if fraud were discovered later (as appears to have happened), it's probably not actionable. But now that the other side of the family is trying to enforce the NDA clause, they have opened the can of worms.

    If that's the case, it might have been an element of her strategy all along.

  • Jul 2nd, 2020 @ 11:10am


    For many years Comcast has been sending me mailings advertising combo packages with TV at a much lower (advertised) price than I'm paying for Internet alone. But I know that the billed amount will be higher and rapidly increase.

    The mailed advertising is especially irksome because I get them at least as frequently as the previous mailed bills. Comcast encouraged customers to replace that with paperless billing for environmental reasons.

  • Jun 29th, 2020 @ 11:07am

    Re: I'm very disappointed

    I wanted to follow up on this.

    The judge ruling dismisses the case, not just for Twitter as a defendant. The primary claims were barred by Sec 230. Without the claims involving Twitter, the remaining claims would need to be substantially restated.

    There is still a chance that Twitter can recover legal fees, but without an anti-SLAPP law the presumption is that they won't.

  • Jun 25th, 2020 @ 10:00am

    I'm very disappointed

    I had hoped that Twitter would remain part of the case through either the case being moved to California (with its reasonable SLAPP) or the Virginia legislature passed its mostly-agreed-upon SLAPP law.

    The Virginia law was written so that it technically didn't change the underlying law, just how it was applied. That would mean SLAPP protections applied to existing cases, notably the presumption that costs and fees should be awarded to a successful defendant.

    Twitter has likely spent in the mid-six-figures defending this lawsuit. If Nunes had to pay, it would be enough money that Nunes would have to declare how the lawsuit had been paid for and why it isn't showing up as a campaign donation.

  • Jun 8th, 2020 @ 10:57am

    (untitled comment)

    I'm surprised his office didn't immediately back off and claim he was acting as a private citizen. Although his immediate claim that he was seizing the sign for "an investigation" would be a problem for that claim, they might have gotten around it in court.

    Georgia citizens might support this and be willing to re-elect the Sheriff. Which is exactly why federal civil rights laws were needed. It's remarkable that they are apparently still needed.

  • Jun 4th, 2020 @ 11:51am


    I didn't see the tweet denying that the shoot-on-the-porch was them.

    That wasn't a police Bearcat leading them. It was a HMMWV in desert camouflage outfitted with a turret. Does the local law enforcement operate those? With a modern GPK (Gunner Protection Kit)?

    I'm guessing that the statement was a very narrow denial, along the lines that "tear gas wasn't used in Layafette Park" where they meant 'we used OC gas in the park itself'.

  • May 30th, 2020 @ 1:13pm

    (untitled comment)

    I imagine the record companies were always planning on bypassing the termination agreement, but technology changed the game underneath them.
    At the end of 35 years of sales they would have an excellent prediction of future sales. They just needed to press enough vinyl and record enough 8 track tape at 34.9 years to handle the anticipated demand, and sell those copies to a fully-controlled subsidiary.

    Digital rights are now worth more than the right to make physical copies, so the record companies now need to make termination a catch-22 situation.

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