Mikey of course hangs out with nothing but choir boys :::eyeroll::: Guilt by association is a fascinating concept that's for sure.It's the politician issuing legal threats that got him a spot her on Techdirt. If he had simply refrained from the legal threats we wouldn't be talking about it here.
While the Council tries to get around this by saying the rules "shall not affect legitimate uses, such as uses under exceptions and limitations," that's entirely meaningless.
I think what it means is "don't come crying to us with your excuses, just nerd harder and do it". Whether or not they genuinely believe that nerding harding will get the job done, I don't know.
The departing sheriff has decided to blame the company for the problem, but not any of her personnel who repeatedly listened to recordings they should never have had access to.
Is the implicit claim here that a call being client/attorney isn't something that you can tell just be listening to it, so since no one told the personnel that it was privileged that there was no way for them to know? Or that the personnel assumed that GTL would never mistakenly hand over calls they shouldn't, so they ignored any indications to the contrary? Or what?
How do you propose to fix the problem, then?
How exactly is the FCC granting them a "faux natural monopoly"?
I think that the use who keeps harping on Common Law is a troll, since someone who was genuinely that passionate about it let slip at least a few hints as to what it is beyond "the foundation of American Law", "that which the TD commentariat is ignorant of", etc
If I had no morals, or if I had unshakable faith that FOSTA actually works, I'd accuse everyone claiming that FOSTA backfired of either being sex traffickers or taking bribes from sex trafficers, convene a congressional investigation to call in those police chiefs to rake them over the coals for lying, comb through the police records showing increases in sex trafficking and pimping looking for anomalies so I can triumphantly declare them to be fake, and so on.
Search engines cause most of the damage of defamation. Section 230 is relevant because liability is relevant.How would search engines even work if you held them liable for defamation found through them?
I didn't say HE was the bad guy. Journalists know people on all sides.Then why would Masnick be worried about these bad guys saying "the wrong thing to the wrong person"?
Sorry, I thought you were the "evolution implies Social Darwinism person" replying to me.
Interfering with that mechanism will result in an increase in the pollution of the gene pool.1) Wouldn't that require a utilitarian moral system? I'm not a utilitarian, so I'm not going to let the ends justify the means. 2) Even if I was a utilitarian, why would decreasing the number of people with genetic diseases necessarily increase total happiness? Why would using medicine to keep them alive lead to less total happiness? Or are you saying that a utilitarian, for some reason, would try to maximize gene pool purity over maximizing happiness? Why would a utilitarian consider "pollution" of the gene pool to be bad? 3) So far as I can tell, your position is that if evolution is false, then a person with a genetic disease dying before reproducing does not decrease the likelihood of that disease showing up in future generations? Is that right? If so, what is the mechanism that keeps reintroducing the genes in question? Do all genetic diseases come from spontaneous mutations rather than inheritance?
If evolution is true then we must allow the weak to die so that evolution can continue to allow humans to evolve.Why must we? Why would evolution imply a moral imperative to allow humans to continue to evolve?
I'm curious as to how you would apply that to, say, Reddit. Reddit is a for-profit corporation, yet the vast majority of the forums (subreddits) it hosts are administered and moderated by people who aren't doing so on behalf of any corporation. Should those moderators be able to delete posts and ban users as they see fit, since the mods aren't acting on behalf of a corporation, or since this is all taking place on Reddit's servers should those mods have to follow the same restrictions as placed on the Reddit corporation itself?
But if you want to call him one, in public, and cause him injury (which was Techdirt’s entire purpose, as stated by many posters)If he lost any book sales, business deals or such, it's going to be because people were convinced that he didn't invent email, since that's his entire claim to fame. No one is going think he's skilled with technology or a good business partner merely because he *believes he invented email.
be prepared to defend your version of the truth in front of a jury. It should be no problem if you are right, but could get a little sticky if you are not.1) As noted above, U.S. defamation law doesn't work that way when it comes to opinions based on disclosed facts. 2) About the only way that one could prove Shiva doesn't believe what he's saying is if he had been stupid enough to write someone an email admitting to it.
Having read some of Shiva's statements, I think that he's deluded himself into believing his claim that he invented email. But that has nothing to do with the merits of the lawsuit he filed against Techdirt, or whether or not Mike's lawyers mislead the judge.
Of course it's possible. That doesn't make a bit of difference to what U.S. defamation law currently IS. If you're talking about what the law should be, I don't think honest differences of opinion means that a jury should get to decide the logical or illogic of statements like "due to X, Y and Z John Doe is a liar/fraud", where X, Y and Z are all publicly available true information.
Whether "X, Y and Z make Shiva a fraud/liar" is logical or not is a question for a jury? According to 1st amendment lawyer Ken White (Popehat) it is not a matter for a jury. I'm going to trust his expertise over that of some random person on the Internet.
There is no legal difference between saying “you are a liar and a fraud” and “it is my opinion that you are a liar and a fraud”.However, there is a legal difference between "it is my opinion that you are a liar and a fraud" versus "due to X, Y, and Z you are a liar and a fraud" where X, Y and Z are publicly available pieces of knowledge which are true.
A possible scenario...
A possible scenario to explain what happened: whoever was running the system realized that Larry Mitchell wasn't the person in the database. However, that person thought