Gwiz 's Techdirt Comments

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  • On the post: Israeli Exploit Developer Caught Negotiating Spyware Sales With Saudi Government

    Gwiz ( profile ), 27 Nov, 2018 @ 01:01pm

    Re: Re: Dont think this is the only one...

    Linux on the desktop has failed.
      Well damn. I guess I need to throw away my laptop which has been running Debian for over a decade and buy one of those new fancy laptops that reports everything I do to Redmond, Wa.

  • On the post: Dystopia Now: Insurance Company Secretly Spying On Sleep Apnea Patients

    Gwiz ( profile ), 26 Nov, 2018 @ 11:43am

    Re: Re: Re: Re: Re: Re: Re:

    ...the principle of a right to critical review (on equal basis with others, no editorial warning inserted by the site)
      Now you are making shit up. There is no such thing as a "principle of a right to critical review". Sure you have Free Speech rights and certainly have the right to post negative reviews wherever you wish to, but the website of the product you are reviewing has no obligation whatsoever to host your review if they choose not to. If you disagree, show me the actual law that says a privately owned website HAS to host your comments or reviews.

  • On the post: Dystopia Now: Insurance Company Secretly Spying On Sleep Apnea Patients

    Gwiz ( profile ), 26 Nov, 2018 @ 11:23am

    Re: Re: Re: Re: Re: Re: Re:

    Lol, Blue thinks that the CRFA forces privately owned websites to keep negative reviews up. It doesn't. The CRFA only protects the consumer from being forced to remove reviews from other THIRD PARTY review sites, like Yelp or Angie's List, by using specific wording in the sales contract or click-through contract. Nothing in the CRFA prohibits a privately owned website from removing any reviews that it wants to, for any reason. Also a civil suit concerning a 15 U.S. Code § 45b violation can only be brought to the courts by either the Federal Trade Commission or a state attorney general.

  • On the post: Dystopia Now: Insurance Company Secretly Spying On Sleep Apnea Patients

    Gwiz ( profile ), 26 Nov, 2018 @ 10:51am

    Re: Re: Re: Re: Re: Re: Re:

    Lol, Blue is being his usual brand of obtuse here.   He saw the words "form contract" in the wording of Consumer Review Protection law (link) and thinks that because Techdirt has a webpage form for submitting comments it is somehow a legally binding contract.   If he would have read a little bit further he would have seen that the term "form contract" is defined as "a contract with standardized terms".   Techdirt does not require any sort of agreement (actual, implied, click-through or otherwise) to comment on their pages, therefore no legally binding contract has been entered into by either party.   Blue, I still invite you to take your wacky, quasi-legal theory to any respectable lawyer to see how far it will get you in the real world.

  • On the post: UCLA Flails Amid Pro-Palestine Group's Planned Conference, While L.A.'s City Council Goes Full Stupid

    Gwiz ( profile ), 15 Nov, 2018 @ 10:14am

    Re: Re: Re:

    Ok. I wasn't really sure if it was that way everywhere. I know in my state we do vote for the Board of Regents for a couple of universities, but not for others that I'm pretty sure are public universities.

  • On the post: Alabama Voters Say At Least One Sheriff Won't Be Enriching Himself With Federal Inmate Food Funds

    Gwiz ( profile ), 15 Nov, 2018 @ 09:00am

    Re: Re: Re:

    Or complain about Popehat because none of their articles are about religious headgear.

  • On the post: UCLA Flails Amid Pro-Palestine Group's Planned Conference, While L.A.'s City Council Goes Full Stupid

    Gwiz ( profile ), 15 Nov, 2018 @ 08:34am

    Re: Section 230 & 1A from another direction:

    Masnick's assertions haven't actually been tested with good case.
      Well then, why don't you give it a go, Blue? Go see a lawyer and ask them to sue Techdirt to force them to unhide all your comments you've made over the years and see how far it gets you.

  • On the post: UCLA Flails Amid Pro-Palestine Group's Planned Conference, While L.A.'s City Council Goes Full Stupid

    Gwiz ( profile ), 15 Nov, 2018 @ 08:25am

    Re: Section 230 & 1A from another direction:

    Regarding the other part of your silly assertion, just because something is considered a "public space" that doesn't make them a "state actor". For example, shopping mall common areas (lobbies, hallways, etc..) are considered "public spaces" even though they are mostly privately owned. You can be trespassed from these "public spaces" for any reason at all, including if they disagree with your speech (except in California where you been given some additional speech rights above and beyond the normal for the rest of country). While this blog could, perhaps, be construed as a "public space" (that's really a stretch though, in my opinion) it is in no way whatsoever a "state actor" and therefore can limit your speech on this platform however they see fit.

  • On the post: UCLA Flails Amid Pro-Palestine Group's Planned Conference, While L.A.'s City Council Goes Full Stupid

    Gwiz ( profile ), 15 Nov, 2018 @ 08:05am

    Re:

    Guess no one will claim that university is actual gov't, and so you can't explain why it's "bound to comply with the First Amendment".
      Not sure what you are babbling about, but I can absolutely explain why UCLA is bound to comply with the First Amendment. UCLA is a public university and the main legal difference between a private university and a public university is where the operating funds come from. A public university is funded (at least in part) from the government and that makes it legally a "state actor". This is well established in existing caselaw and has been for many years. So well established in fact, that it is rarely brought up in articles about these subjects because it is such common knowledge.

  • On the post: AT&T Ignores Numerous Pitfalls, Begins Kicking Pirates Off Of The Internet

    Gwiz ( profile ), 14 Nov, 2018 @ 10:37am

    Re: Re: Alleged is not Guilt

    So according to your criteria, the assassination of President Kennedy was not a crime.
    That's a bit pedantic of you, in my opinion. Perhaps Probitas didn't express him/herself with the exactly correct terminology, but I would guess you understood what he/she meant. Yes, Kennedy's assassination was a crime, but the fact still remains that no one was ever proven guilty of said crime. The accusations against Oswald remain unsubstantiated accusations to this day, regardless of what the Warren Commission Reports says.

  • On the post: AT&T Ignores Numerous Pitfalls, Begins Kicking Pirates Off Of The Internet

    Gwiz ( profile ), 14 Nov, 2018 @ 09:42am

    Re: Re:

    Copyright is a constitutional right.
    No, it's not. The Copyright Clause is an enumerated power given to CONGRESS and only to Conrgess. Our lawmakers could, at any time, eliminate any and all copyright laws without any Constitutional conflict whatsoever.  
    The law says we have to cut off repeat infringers!!! [...] The courts can determine what the term means. Two strikes would appear to be correct as that is "repeat" infringement.
    Only a court of law can determine if a copyright infringement has occurred. Anything prior to an actual court ruling is a unsubstantiated accusation. In order for your two strikes to be proof of actual repeat infringement, they would have to two actual court rulings of infringement, not just two unsubstantiated DMCA notices of infringement.

  • On the post: New York Lawmakers Want Social Media History To Be Included In Gun Background Checks

    Gwiz ( profile ), 07 Nov, 2018 @ 12:27pm

    Re: Re: Guns! Guns for EVERYONE!

    And what if you don't use social media? Not everyone does.
    Like me. I've never had a Facebook or Twitter account and I don't often do Google searches while logged into Google.

  • On the post: Streaming Exclusives Will Drive Users Back To Piracy And The Industry Is Largely Oblivious

    Gwiz ( profile ), 22 Oct, 2018 @ 11:36am

    Re:

    Don't you kids have ANY creative urges to use the wonderful new opportunities? -- Of course NOT, because know full well that can't and won't get rewarded for it!
      Even though I don't think you were talking to me since my AARP card says I am no longer a "kid", I'll answer anyways.   Yes, I have creative urges and I act on them. When I have the need to create something, I write code and (GASP!) license it under the GPL so the whole world can use and copy it for FREE!   For me, the need to create has absolutely NOTHING to do with "rewards" and I think that you are demeaning actual creators by implying that the only reason anyone creates is for profit.   Just my 2 cents.

  • On the post: Facebook, Whose Support Made FOSTA Law, Now Sued For Facilitating Sex Trafficking Under FOSTA

    Gwiz ( profile ), 10 Oct, 2018 @ 11:20am

    Re:

    Under common law principles I add, since so many here, apparent foreigners like "Gary", don't grasp that's the foundation of the US Constitution.
    I'm not sure I would say that "common law" is the "foundation", but it's true that some of the ideas espoused in the the Magna Carta are incorporated in our Constitution. Ideas like fair trials, habeas corpus, and an independent judiciary. One of the most influential ideas is "due process" which is addressed in the 5th and 14th Amendments. I do find your comment to be hypocritical, Blue, since I've witnessed you strenuously cheering on the dismantling of Megaupload and the prosecution of Kim Dotcom with very little of what we now have come to consider as due process. Your paradox absorbing crumple zones are simply amazing sometimes, Blue.
    PS: You are still a big fat liar, in my book, since you can't even man up to your own challenge and stop "darkening this site" like you said you would.

  • On the post: Fake Comments Are Plaguing Government Agencies And Nobody Much Seems To Care

    Gwiz ( profile ), 07 Oct, 2018 @ 04:56pm

    Re: Re: Re: Re: Re: fake comments

    No Blue, you actually tricked yourself. Your first sentence contains the terms of the agreement:

    Tell ya what, Msnick. If you'll refute that -- not just quote and contradict but show / argue basis in law -- then I'll never darken your site.
    Mike did EXACTLY what your terms required - he refuted your "Summary to here" completely. Nothing in your second sentence (which you highlighted for some reason) changed the terms of your challenge, it is just some incorrect notion you asserted. If you ask my opinion, every comment you make darkens this site. So, in the immortal words of Gene Wilder - "You lose. You get nothing. Good day, sir!"

  • On the post: Fake Comments Are Plaguing Government Agencies And Nobody Much Seems To Care

    Gwiz ( profile ), 05 Oct, 2018 @ 08:22am

    Re: Re: Re: fake comments

    Why are you still here Blue? https://www.techdirt.com/articles/20180922/11374040692/this-week-techdirt-history-september-16th-22nd.shtml#c164 Oh wait, now I remember, it's because you are a liar.

  • On the post: Did France Just Make It Effectively Impossible To Use Twitter?

    Gwiz ( profile ), 02 Oct, 2018 @ 07:24am

    Re: Re: Re: But "the plain language version" you give isn't Twitter's terms.

    Why are you still here Blue? https://www.techdirt.com/articles/20180922/11374040692/this-week-techdirt-history-september-16th-22nd.shtml#c164

  • On the post: CBS Bullies Fan Star Trek Project To Shut Down Despite Creators' Pleas For Instructions On Being Legit

    Gwiz ( profile ), 28 Sep, 2018 @ 11:58am

    Re: Plan 9 for Trek-kies non-creative duplicating SHOULD BE STOPPED.

    Why should anyone care what your opinion is, Blue? You are someone who doesn't even honor their own words. You challenged Mike to rebut your comment the other day and stated you'd leave Techdirt if he did. He did so and you are still here. Your honor and character are now both suspect, Blue. A person is only as good as their word, in my book.

  • On the post: James Woods Is Correct That Twitter Shouldn't Have Blocked His Account, But Still Hypocritical On Free Speech

    Gwiz ( profile ), 28 Sep, 2018 @ 11:32am

    Re: Re: Really?? -- HEY, "AndD"! Back for 2nd comment after 4 years!

    Lol, Blue. If this guy is a zombie**, then he is from YOUR team since he is being overly critical of Techdirt's editorial choices...just like you! ** For the record, I don't think anyone who comments infrequently is a zombie, nor is there any grand conspiracy going on here. I was just talking down at a level you might understand, Blue.

  • On the post: State Attorneys General Really Want To Go After Big Internet Companies; But Claim It's About Privacy, Not Bias

    Gwiz ( profile ), 27 Sep, 2018 @ 09:06am

    Re: Re: Re:

    Clue about Google search algorithms: not merely a pump and filter, and something Google, um, controls.
    Sure. But Google does not control who uses Google Search. Google has a huge market share because people CHOOSE to use Google Search. How can it be a monopoly if there are other options available? I think you are confusing "popular" with "monopoly". I guess I just don't understand why Google needs to held to different standards then other companies just because they were good at what they did and became hugely successful because of it.

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