ThorsProvoni 's Techdirt Comments

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  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 08 Oct, 2022 @ 08:31am

    Can a Shit-for-Brains Humaniform Slug like Stephen T. Stone Find Another Humaniform Slug That Would Want to Mate With Him?

    I'd call depraved white racist Stephen T. Stone pond scum, but it would be an insult to pond scum.

    Stephen T. Stone has masturbatory fantasies!
    I’m not letting you fuck me no matter how much you think about my dick.
    I doubt even another humaniform would have an interest in mating with a depraved white racist genocide-supporting shit-for-brains humaniform slug like Stephen T. Stone. Thus he may not have undergone apophallation and still has a penis.
    The first time the case was not ready for review.
    If you had as strong a case as you claim to have, such that SCOTUS has absolutely no choice but to rule in your favor, you would’ve been granted cert the first time around instead of being told “fuck off” in legalese.
    Denial of cert for a petition for writ of certiorari before judgment is hardly legalese for "fuck off". SCOTUS only grants cert in such cases under exceptional circumstances. Cert before judgment is granted typically:
    1. in national election cases, which must be adjudicated under a deadline,
    2. when a case can be paired with a case already granted cert, and
    3. in a case, which has national importance and requires immediate attention.
    SCOTUS prefers cases, in which a sufficient legal record has been created so that SCOTUS can review and provide guidance to lower courts. I am a procedural specialist. I can make another petition for cert and then apply for a direct appeal. I am developing the legal record for the direct appeal.
    A competent attorney would recommend to a social medium platform immediately to cease removing a user and his content,[ ]stop shadow-banning, and[ ]end algorithmic recommendations in order to reduce legal exposure.
    If anything, making that happen would likely do more harm to the service⁠ by making the service unpalatable for all but the worst people⁠—which, in turn, would cause a massive drop off in activity as word gets around that the service is harboring way too many assholes. Which, hey, that’s a great strategy for metaphorically taking an axe to a service like Twitter. But if your goal is to ensure the most speech possible is both welcomed and encouraged, letting that service become another 4chan (or worse) is a godawful strategy.
    The white racist babbles irrelevancies above. A social medium platform must obey the law. A social medium platform is an obvious message common carrier of digital personal literary property. There is no speech hosting with a social medium platform just as there is no speech hosting with an email service. The backends and protocols used are practically identical. A social medium front-end and an email front-end can easily be interchanged. In both cases (a social medium platform and an email service), each service only provides bailment of digital personal literary property on a backend server. An email service provides message common carriage. A social medium platform provides message common carriage. The public has a Constitutional right to non-discriminatory common carriage (9th Amendment). Common carriage law is the origin of anti-discrimination law. Penalty for violation of common carriage law should be and often is draconian.

  • On the post: Before The Supreme Court Destroys The Internet, It Might First Destroy Art

    ThorsProvoni ( profile ), 08 Oct, 2022 @ 04:37am

    Not Making an Argument

    Until I filed Martillo v. Twitter, I did not really do work with copyright unless a copyright issue related to patent law or to telecommunications law, but I have a number of colleagues, who work both in the area of US copyright law and also in the area of international copyright law. All seem to agree that the US has one of the weaker copyright regimes among nations.

  • On the post: Before The Supreme Court Destroys The Internet, It Might First Destroy Art

    ThorsProvoni ( profile ), 07 Oct, 2022 @ 04:49pm

    The Author Does Not Know What a Copyright Maximalist is

    I am not particularly interested in copyright law, but it does not take much research to learn that US copyright law is weak in comparison with copyright law in other countries: Moral Rights in U.S. Copyright Law.

  • On the post: Before The Supreme Court Destroys The Internet, It Might First Destroy Art

    ThorsProvoni ( profile ), 07 Oct, 2022 @ 04:25pm

    Did the Author Every Read the Constitution?

    The Intellectual Property Clause from the US Constititon.

    Article I, Section 8, Clause 8: [The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
    The author might find it useful to read this section of the Constitution Annotated.

  • On the post: Before The Supreme Court Destroys The Internet, It Might First Destroy Art

    ThorsProvoni ( profile ), 07 Oct, 2022 @ 10:26am

    Has Masnick Every Read the Constitution?

    The Intellectual Property Clause from the US Constititon.

    Article I, Section 8, Clause 8: [The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
    Masnick might find it useful to read this section of the Constitution Annotated.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 07 Oct, 2022 @ 09:16am

    A Zionist May Make Any Sort of Racial Slur Against a Palestinian, Arab, or Muslim on a Social Medium Platform

    My wife is non-white, Palestinian, Arab, and Muslim. I can personally attest that the is not antisemitic. Not only does she like Jewish rituals more than I do, but she demands that I provide her with bagels, cream cheese, and lox on Sunday mornings and when she has PMS. Omega-3 fatty acids seem to ease the symptoms. Facebook has even made a legal admission that it discriminates against Palestinians. Facebook Report Concludes Company Censorship Violated Palestinian Human Rights

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 07 Oct, 2022 @ 09:03am

    Twitter, Facebook, etc. "host" all sorts of racial slurs!

    Twitter and Facebook discarded my wife's content and permanently suspended her when she sought common carriage for her digital personal literary property, which stated she hated Zi0nist colonial settlers

    1. because vicious bloodthirsty racial supremacist Zi0nist colonial settlers raped and murdered her relatives from Dec 1947 through 1949 in an atrocious act of genocide;
    2. because the genocide does not end until her family and all other Palestinians can return to their homes, property, and villages; and
    3. because vicious bloodthirsty racial supremacist Zi0nist colonial settlers continue to perpetrate murderous genocidal acts, apartheid, and persecution against her family and all other Palestinians in stolen Palestinians.
    These two racist social medium platforms called my wife's digital personal literary property anti-semitic hate speech. My wife understated the depravity and evil of a racial supremacist Zi0nist and of his criminality. How do I know?
    1. My family has provided leaders of the Zi0nist movement since the 2nd Aliyah.
    2. From Dec 1946 through Dec 1947 relatives plotted the logistics of the genocide of Palestinians.
    3. In stolen Palestine my relatives remain leaders of the Zi0nist movement and continue to plot or to perpetrate the genocide of Palestinians.
    4. My hyper-wealthy Zi0nist relatives, who live in Florida, work to subvert the US government so that the US government continues in violation of US criminal law to support the ongoing genocide that Zi0nists direct at Palestinians.

  • On the post: Supreme Court Takes Section 230 Cases… Just Not The Ones We Were Expecting

    ThorsProvoni ( profile ), 06 Oct, 2022 @ 04:53am

    Common Carriage is the Strongest Defence for Twitter and for Google

    Twitter and Google don't even have to argue common carriage. SCOTUS can hold sua sponte that Twitter and Google are common carriers and can't be held liable for the content they carry. AT&T used this defense not infrequently. Twitter and Google would be found legally immune while all issues of Florida, Texas, and Ohio lawsuits would be mooted because a common carrier has a right to discriminate neither among users nor among their content. It would be hard for Twitter and for Google to object to prevailing before SCOTUS while Netchoice would shatter into a big food fight among social medium platforms.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 06 Oct, 2022 @ 01:57am

    Markdown is a Bitch

    I meant "17." and not "1.".

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 06 Oct, 2022 @ 12:46am

    White racist/elitist genocide-supporter Toom1275 would not know a citation if it ran up to him and bit him on the ankle!

    From Federal Register / Vol. 44, No. 181 / Monday, September 17, 1979 / Notices p. 53790.

    1. Not only is the proposed service [USPS E-Com (email)] "communications by wire or radio;" it is also a common carrier activity.
    An e-mail service single-page application front-end can be swapped out and replaced with a single-page application front-end for a social medium platform. From the protocol standpoint there is no difference between an e-mail service and a social medium platform Toom1275 is not like the other TechDirt white racist/elitist supporters of discrimination by a social medium platform. He does not have vacuum between his ears. He has pure shit between his ears.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 06 Oct, 2022 @ 12:18am

    What is Academic Research and Communications?

    Anyone can be an independent academic researcher, engage in academic research, and participate in academic research. When DARPA declared the Arpanet/Internet to create a facility for academic research and communications, it declare the Arpanet/Internet to be a state-supported state-designated public forum. It is hard to be dumber, stupider, and more brain-dead than a white racist/elitist TechDirt supporter of discrimination by a social medium platform.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 11:51pm

    USPS E-COM

    It's probably beyond the ability of a Tech Dirt white racist/elitist supporter of discrimination by a social medium platform to comprehend, but one can take a look at the USPS E-Com section of Email History. When the federal government declines to regulate, a state government steps into the role of the regulator:

    1. U.S. Constitution Article VI ¶ 2
    2. U.S. Constitution Amendment X.
    It is hard to be dumber, stupider, more brain-dead, viler, and more disgusting than a white racist/elitist TechDirt supporter of discrimination by a social medium platform.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 11:35pm

    Government Policy Usually Appears in a Policy Statement and Not in a Statute!

    DARPA frequently stated that the Internet was created for academic research and communications. Sometimes a Court explicitly or implicitly refers to such statements, e.,g. Loving v. Boren, 956 F. Supp. 953 (W.D. Okla. 1997). For decades the US government has been declaring "Internet for All" and funding endhosts, broadband, ISPs, IAPs, NSPs, and public networks (state university, public schools, and community networks). The largest part of the Internet is state-owned or state-supported. Yet we don't have to depend merely on such government statements and such government actions. We can refer to to the declaratory prologue of a US statute like 47 U.S. Code § 230, to which TechDirt's white racist/elitist dummies refer but have never read and can't understand.

    47 U.S. Code § 230 (a) Findings The Congress finds the following: (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans [members of the public] represent an extraordinary advance in the availability of educational and informational resources [creates a public forum] to our citizens [the public]. (2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops. (3) The Internet and other interactive computer services [Internet On-Ramps] offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity. [Statement of Public Forum] (4) The Internet and other interactive computer services have flourished, to the benefit of all Americans [the Public], with a minimum of government regulation. (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services. (b) Policy It is the policy of the United States— (1) to promote the continued development of the Internet and other interactive computer services [Internet On-Ramps] and other interactive media; (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services [Internet On-Ramps], unfettered by Federal or State regulation; (3) to encourage the development of technologies which maximize user control [not control by private hi-tech mega corporations] over what information is received by individuals, families, and schools who use the Internet and other interactive computer services [Internet On-Ramps]; (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and (5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
    Partial privatization of a public forum does not change its public forum status. A US park can contain a private restaurant, a private hotel, or a private shop and remain a public forum. The Internet has only been partially privatized, and even if it had been fully privatized, there would still be a question of purchase for value. A plurality (maybe a majority) of Internet technology within the US consists of government (or government-supported) networks, end hosts, links, servers, and other miscellaneous devices. A lot of the ISPs in the US are run by the government while the government runs or foots the bill for many if not most of the IAPs and NSPs. If the government withdrew all of its technology and support for the Internet from the Internet, the US Internet would consist of a bunch of relatively useless disconnected networks. In addition, it’s a serious issue that a social medium platform does not own the entire network infrastructure down to the Customer Premises Equipment (CPE). What right does a social medium platform have to discriminate against groups of the public in a network infrastructure that the social medium does not own? In the pre-breakup days, AT&T was always careful to own its whole network down to every piece of CPE precisely so that it did not run afoul of such an issue. It is harder to be dumber, stupider, and more brain-dead than a white racist/elitist TechDirt supporter of discrimination by a social medium platform.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 04:58am

    A Service May Fit into A Plurality of Legal Categories

    The following

    radio -> television -> cable tv -> satellite (tv and radio?)
    can be regulated by common carriage law, by public utility law, or by public franchise (natural monolopy) law. [Telephone service is regulated by all three types of law.] All the listed services hold out common carriage of content offerings to the public according to standard terms for a fee. None of the listed common carriers may discriminate against a segment of the public.

  • On the post: The Onion Files Hilarious Amicus Brief In An Important Case, And Actually Makes A Key Point In The Best Way Possible

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 04:34am

    The Oldest Poetic Humor Is Probably the Pun

    When Homer (a pseudonym) recounted that Odysseus told the Cyclops that Odysseus' name was Οὖτις (nobody), he probably created the first pun in the known history of poetry. The pun probably existed since a much earlier time period. I hypothesize that a woman created the Odyssey to parody men and male society.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 04:15am

    Anonymous Clown Should Be Studied!

    How can a human being function without a cognizable brain?

    ThorsProvoni Uses the Phone, mail etc, does that make ThorsProvoni a common carrier?
    Neither a telephone user nor a mail user nor a user of any of the other listed services holds out carriage according to uniform terms for a standard fee. If Anonymous Clown had a brain and had been a pre-WWII Japanese, he would have been unable to live either with the self-shame or with the self-humaniliation
    1. of his words or
    2. of being Anonymous Clown.
    He would have long ago disemboweled himself -- probably his only interesting self-expression that would be neither vacuous nor ridiculous.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 03:54am

    actus non facit reum nisi mens sit rea

    The automatic spell checker is so irritating. "The intent defines the criminality of the act." The Latin is clearer and pithier. This principle explains how murder, manslaughter, and self-defense can be distinguished.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 01:45am

    Intent is Everything

    Anonymous Clown is too stupid to understand commercial law.

    I don’t see how a business choosing to exit (or refusing to enter) a market for any reason creates an equal rights violation. Again, there’s a difference between “I don’t do business in Texas” and “I won’t serve Texans.”
    It's easy for an exit to constitute a civil violation. The exit might be tantamount to restraint of trade. The exit might be part of collusion to divide a market into separate regional monopolies. The list of possible civil or criminal violations in an exit from a state is effectively endless. I know Latin is beyond the brain-absent, but I must quote Edward Coke. actus non facit reum nisi men sit rea One hires a top litigator to argue the unlawfulness of an act in combination with intent.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 01:33am

    Forgot a Few Technologies

    Standard US Mail, bicycle common carriage, taxi or limo service (including Lyft, Uber, etc.), DoorDash (or similar common carriers), Grocery common carriage service, pneumatic mail, trucker common carriers, some escalators, some elevators, a Ferris wheel, a roller coaster (or similar amusement park rides), air common carriers, telex, pager service, email service, SMS, MMS, container ships, pony express, etc. The list is endless. An email service differs from a social medium platform only in minor details

    1. of message switching during digital message common carriage and
    2. of front-end design.
    The two types of services (email and social medium platform) can and often do use the same digital message common carriage protocols.

  • On the post: No One Has Any Clue How Texas’ Social Media Law Can Actually Work (Because It Can’t Work)

    ThorsProvoni ( profile ), 05 Oct, 2022 @ 01:10am

    The Attention of Stephen T. Stone Wanes Before He Can Complete a Futile Effort to Grasp a Complex Idea

    The attention of Stephen T. Stone wanes before he can complete the reading of a sentence that consists of more than a simple noun subject that is followed by a simple verbal predicate, which contains a simple noun object. I described how a Court overcomes the explicit race consciousness of 42 U.S. Code § 1981, but a clueless nitwit like Stephen T. Stone or like Anonymous Clown is too stupid to understand.

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