Tanner Andrews’s Techdirt Profile


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  • Sep 14th, 2019 @ 1:00pm

    Full Nightly Back-Ups

    It gets harder in many industries because of the increased volume of data, but for recovery it is hard to beat. City Hall closes at 1700, the cron jobwrites a tape at 1800, and the IT guys sleep like rocks overnight.

    For those needing 24/7, the method of daily data extraction and preservation is more complicated. Still, the goal is to be able to restore from back-up and be alive the next day.

    Part of figuring out how to scale your operations ought to be figuring out how to make a back-up, and how you will restore it. It cannot hurt to do a test restore every so often.

  • Sep 13th, 2019 @ 7:23am

    Re: [police at scale]

    [] hire at least three people who can police an individual seller at any given time of day

    Actually, 5. You have to allow for week-ends and so the usual rule of thumb for 24/7 is 5 FTE.

    [] train all those new hires on how to follow those rules in an objective way

    And, there will need to be an appeals process because that many humans will screw up frequently. My experience is that appeals processes are unreliable, perhaps due to the inclination of panelists to prefer golf over analysing the files. So you may need some provision beyond first level appeals.

    Amazon may be large and profitable enough to be able to design and implement such a system. It is possible, nay, certain!, that many companies setting up such a process would be willing to cut corners.

  • Sep 13th, 2019 @ 7:07am

    Re: Re: Re: Re: "Commercial speech" is not First Amend

    if you can prove who was driving, the citation is transferred to them

    Alternatively, in many states, you can take it to court. There, the state has to prove who was driving and what they did, in many cases with admissible evidence.

    No, your report that someone else said they were driving is not admissible, it is hearsay. All you can competently testify to is that you were not driving, unless you were in the car at the time.

    The red-light camera companies would prefer that you just send money.

  • Sep 7th, 2019 @ 12:48pm

    Re: Minor Correction


    Should be 'he wouldn't

    Probably a case where it would have been better to live up to his name.

  • Sep 4th, 2019 @ 4:33am

    Well, it's a shame about one of them

    3 poster children. Sony, Apple, and John-Deer.

    The case of John Deere is unfortunate. At one time they had a good reputation and played nice with others. Service manuals were available, and the machines were often sold into rural areas far removed from factory-authorized repair centers.

    The farmers and village mechanics kept them running for years and years. Indeed, 50+ year old units are regularly shown and operated at the county fair. They developed a saying, "nothing runs like a Deere".

    Now, thanks to some inept management, the machines are better suited to the urban areas where authorized repair facilities are to be found.

    So, I guess the saying now might be "shoot your Deere and lug the carcass back to the dealer."

  • Sep 4th, 2019 @ 4:20am

    Rather Old Yardstick to Measure Reliability

    19 And this is the condemnation, that light is come into the world, and men loved darkness rather than light, because their deeds were evil.

    20 For every one that doeth evil hateth the light, neither cometh to the light, lest his deeds should be reproved.

    21 But he that doeth truth cometh to the light, that his deeds may be made manifest, that they are wrought in God.

    Still measures true.

  • Sep 3rd, 2019 @ 6:14am

    Police Union is Lucky

    If the columnist were even moderately well off, there would be a declaratory judgment action heading toward that union.

  • Sep 3rd, 2019 @ 6:05am

    May Be the End of the Line

    Remember, you normally only get one level of appeal as a matter of right. She got her appeal, but she got a substandard panel in that at least two of them would have needed to have the briefs printed on drool-proof paper in order to read all the way through.

    There may be an optional level of further appeal in the state courts. Failing that, be one of the ~90 chosen from some thousands by the US Supreme Court each year.

  • Sep 2nd, 2019 @ 5:35am

    Re: Re: You Might Be Surprised

    or complain about your topless protest

    For instance, City of Daytona Beach v. Elizabeth M Book, 14 FLW Supp. 5a (Fla. 7th Cir. 2006). The appeals panel upheld trial court dismissal of the charge, reasoning that the trial court's finding that the shirt removal was a protest was entitled to deference and agreeing that such protests were could not be prohibited consistent with the constitution.

    Since the charge was a misdemeanor, the appeals panel opinion is of limited precedential value, but on the other hand it may be persuasive in other cases.

    Not my case, but the protest was in the news locally when it happened.

  • Sep 1st, 2019 @ 11:45pm

    They Probably Have it Right

    Not a lawsuit for defamation, that is a good sign right there. The atty recognizes that there is no untruthful statement by the defendant for which damages can be shown.

    I would certainly expect that an action for breach of contract would lie. Without verifying all the facts, it would appear that (a) Black Hat offered a ``gold sponsor'' package including web site and other promotions (b) Crown Sterling paid for such a package (c) Black Hat failed to provide at least part of the normal package (d) Black Hat refused to return any money.

    The lawyers, in their first draft, may have gotten a little silly by looking for civility and respect. However, under the silliness, it does appear that there is a claim for breach of contract.

  • Aug 26th, 2019 @ 6:03am

    (untitled comment)

    ) It's possible that Nunes hasn't even served the two parody accounts yet

    Some courts have specific deadlines by which service ought to be made. For instance, in Florida, normally it is 120 days, which would have run by now. See Hodges v. Noel, 675 So.2d 248 (4DCA 1996).

  • Aug 23rd, 2019 @ 3:55am

    Well, Actually, "Patent Troll" is Verifiable

    That CUNA acknowledged the “pejorative” nature of the phrase “patent troll” does not mean it is an assertion of fact rather than opinion

    The term "patent troll" does have a verifiable meaning. It is generally understood to refer to what is also called a "non-practicing entity" or NPE.

    NPEs are the sand in the gears of invention. They invent nothing, but attempt to levy a rent upon people doing something useful.

    My favorite examples are trying to collect rent for network printing and network scanning. I was doing the first as a computer guy back in the mid 1990s using commercial devices intended for that purpose. I did not do network scanning to e-mail until the easly 2000s when I was in grad school.

    The hallmark of non-practicing enties is that they find patents with extremely broad and vague descriptions, coupled with no actual implementation at time of patent. The patent office ought to go back to requiring inventors to bring a working example at time of application.

  • Aug 22nd, 2019 @ 1:41am

    Re: Precedent

    Holmes himself later said it was among his worst decisions

    Fortunately, he has Buck v. Bell, 274 U.S. 200 (1927), to make Schenck look less bad by comparison.

  • Aug 10th, 2019 @ 1:15pm

    Be Patient

    Some judges are more picky about signing warrants. Experienced officers know which judges are more likely to be problematic, and tend to channel their requests through more pliant judges.

    Worst case, a picky judge is the only one available at the moment. Come back tomorrow when you have better options.

  • Jul 30th, 2019 @ 5:15am

    Re: Re:

    This will not end well. It will be hilarious in it's failures, but I really see no way it can end well.

    Sure it can. A large group of people could report a large number of government website pages as ``radicalizing'' or otherwise offensive content, flooding the system and causing collapse.

    Everyone outside of government has a good laugh. That sounds like a good ending to me.

  • Jul 30th, 2019 @ 5:05am

    should be about 5-10 minutes

    an interactive map provided by Amazon called the "Law Enforcement Neighborhood Portal."

    Well, now that it is known, I have to wonder just how long it will take for it to be hacked and perhaps even publicly accessible.

    Also, in Florida, there is an interesting question of need to hack. Assume for the moment that the law enforcement neighborhood portal provides information, which is to say, records, for the police. I think that a safe asusmption for now.

    How long will it take for someone to request information from there, the police to turn them down without a valid reason?

    The sad part is that I have no connection to the folks hacking in. So, when the legitimate records requestor shows up in my office for a S:119 action, it will be slower to do it the ``right'' way.

  • Jul 24th, 2019 @ 12:54am

    Sorry, not convinced

    When I think of slime, I certainly do not think of some kid in NZ.

    Indeed, slime is the very essence of Viacom (Nickelodeon), and it works the other way, too. When someone says Viacom, many people think ``slime''.

  • Jul 3rd, 2019 @ 1:30am

    Re: Re: Re: Re: Re: Re: Lower Courts

    though it would be a direct modification of the federal court system

    Nope. It would be a modification of the law, and the courts would in theory interpret and apply it. It would be the same courts, with the same powers, as before.

    Legislative bodies change the law regularly, and generally unwisely. The courts may interpret the new law, or even find it unconstitutional, but the courts are the same, with the same powers as before.

  • Jun 26th, 2019 @ 3:51am

    Different Markets

    the simple fact that beer-slinging and education are in wildly different marketplaces

    Did you ever attend college? It has been some years for me, but unless things have changed in an unlikely manner, you should be aware of the difficulty of distinguishing the two, especially on Friday and Saturday evenings.

  • Jun 11th, 2019 @ 3:58am

    Re: threatened SLAPP suits

    threatened me with a SLAPP suit over a negative online review, having a lawyer send the letter

    This can have unintended consequences. I had a contractor threaten clients this way. They turned around and sued the contractor for a refund. The contract contained a fee-shifting provision.

    And would you believe that word of the suit has gotten out?

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