Tanner Andrews’s Techdirt Profile


About Tanner Andrews

Tanner Andrews’s Comments comment rss

  • Aug 12th, 2018 @ 11:41pm

    Re: Re: Re: Re: Re: Re: When privateering was halted officially...

    stray quote in the middle of your markdown

    Yes, it is unfortunate that HTML is no longer supported. HTML is the more common markup language and is more familiar to people, but every so often someone comes up with a ``better'' idea to confuse folks.

  • Aug 9th, 2018 @ 3:37am

    First God made idiots. That was for practice.

    It is hard to see how the school board gets very far in this one. I think the U.S. Supremes decided Florida Star v. B.J.F., 491 U.S. 524, back in 1989.

    Same fact pattern, newspaper obtained and published information that the govt entity thought they should not have. Exception taken. In Florida Star, the trial court found newspaper liable, as did the DCA, but the Supremes reversed.

    Since the newspaper obtained the information lawfully, if through unsurprising govt screw-up, they get to publish it. Even if it had not been obtained lawfully, it is not clear that punishment would be permitted. See NY Times v. U.S., 403 U.S. 713, commonly known as the ``Pentagon Papers'' case.

  • Aug 8th, 2018 @ 12:34am

    The Problem with Jurisdiction Shopping

    The problem is that the sorts of services most commonly seen in these cases have users from all over. Arguably they are subject to the laws of the states in which they have users. Zippo Manufacturing v. Zippo Dot Com, 952 F.Supp. 1119 (W.D. PA 1997).

    There, the bulletin board service had many users in the district, and the court found it not unreasonable to hale them into the wilds of western PA. Where does it end: Techdirt has readers in many states, should it be sued for our posts in every state wherein pI and my fellow users are to be found?

    Alternatively, shall we artificially limit access to on-line fora, so that only people in states with good anti-SLAPP laws may post? How shall we enforce this? Technology is not there.

    All of this assumes good faith. That assumption is unsound. Consider Carefirst of Maryland v. Carefirst Pregnancy Centers, 334 F.3d 390 (US 4th Cir. 2003). There, the Maryland atty made a small donation to the Chicago entity via its web site, and used that donation as its basis for claiming jurisdiction in Maryland. Atty's donation was only contact with Maryland, but of course the web site could be viewed virtually anywhere.

    The trial court correctly found no jurisdiction in Maryland, and was upheld on review. But a large entity such as Blue Cross (the Maryland plaintiff, using the ``Carefirst'' name) has the resources to be offended, and to at least require appearance is a foreign jurisdiction. There is no injury to Blue Cross from such abuse. The Chicago entity has the pleasure of paying both its Illinois counsel and the counsel in Maryland.

  • Aug 8th, 2018 @ 12:00am

    Re: Re: Really?

    the baseball "world series" where only one country takes part.

    I suppose it should be noted that the ``World Series'' is actually named for the original sponsor, the New York World (newspaper). There was never intended any suggestion that people from outside the States should be in any wise involved.

  • Aug 3rd, 2018 @ 4:54am

    Re: Re: A Pig is Pretty Much Required in a Sausage Label

    Why? You can make cartridges from other meats too

    Because if you put other types of meat in there, it is not good sausage. It is just a poor imitation, fit mostly to serve to inmates in Yankee prisons.

  • Jul 31st, 2018 @ 1:21am

    Re: context?

    These things are over-used. How many sets of bulldogs, tigers, knights (golden or otherwise), or bears are out there? So many I cannot count.

    What makes each unique is the place or other source designation. Thus, Clemson Tigers, Detroit Tigers, Lakeland Flying Tigers, Valencia Tigers.

  • Jul 30th, 2018 @ 11:52pm

    A Pig is Pretty Much Required in a Sausage Label

    That is how you designate the real product, as opposed to beef or chicken sausage surrogate. Customers are expecting a picture of a pig.

    The same holds for barbecue joints. The picture of the pig, often in an apron, is pretty standard in the business. People driving in unfamiliar territory recognize that image as signifying not a particular vendor but a particular class of vendor. You can write the name of the joint in the apron, or on the pig's cap, to make a logo. It's still a fairly weak mark, erase the name and you are back to identifying the type of goods.

    Stripling's loses on that basis, so we do not even get to the question of why the two pigs do not look alike.

  • Jul 26th, 2018 @ 3:55am

    Re: Re: Re: Re: Re: Re: Sounds like his new job is giving up his rights

    "The majority decides the rules that everyone lives under, including those who lost the election.

    Is this news to you?"

    Well, yes, it is. Because under both the U.S. and our state constitutions, there are many things set beyond the power of the majority to change. The Bill of Rights, for instance, provides several protections which appear largely to protect against the will of the majority.

    In our state, due to an amazingly dishonest bit of wheeling and dealing by development interests, it takes 60% of the voters to amend. Thus majorities can be spited and ignored in some cases.

  • Jul 22nd, 2018 @ 1:48pm

    Re: learning about employment law

    Those who know libel law should take a few refresher courses on employment law

    Sorry, not licensed in Illinois. Are you? I ask because it appears that Toeppen may need some help since his atty wants out for non-payment and his insurance does not want to provide representation. Yes, Toeppen can self-represent, but since the AG has dragged in his companies, and companies cannot, I think there may be a need up there.

  • Jul 22nd, 2018 @ 1:42pm

    Re: John Smith, Slanted Language

    I have to admit that I am unsurprised at ``slanted language'' in a comment section. It is somewhat in the nature of comments that they contain bias and, um, commentary. You want facts, go somewhere and make up your own.


    As for Ken White, let's see how well his "snark" holds up in the next few months.

    well, I am pretty confident in Mr. White's longevity. More so than, say, in the longevity of the legal representation enjoyed by Suburban Express.

  • Jan 15th, 2018 @ 10:37am


    I do not think I have received their spam since 2016, but that is most likely due to them falling into some spam trap. I cannot truthfully say that I miss them, since I still see other geniuses like:

    I have had solicitations from all of these since the most recent from lawyersofdistinction.com so I am confident that there are plenty of alternatives for those who are desperate for dodgy advertising or other peculative opportunities.

    At that time, by the way, their address did look like a strip shopping center with a UPS store. Nothing against UPS store operations, I have used them myself when I needed to get packages out quickly. But it makes a poor substitute for a real office, imagine trying to meet clients at such a place!

  • Jan 8th, 2018 @ 6:22am

    Re: who cares ?

    local traffic courts are mostly assembly lines designed to extract money from the public. Judges and DA's side with their cop team mates 99% of the time

    Oddly enough, that is not my experience. Florida and particularly my county have some really bad judges, but we have some decent judges as well. And even the bad judges have areas in which they are particularly bad and other areas in which they at least pretend to be fair.

    Traffic, on the other hand, seems to be an outlier. Maybe it is because so many people are there that they do not want to take chances of an enraged populace, but they do pretty well. Even the hearing officers do pretty well, and if you want a judge instead of a hearing officer then you get one for asking.

    If the other cases were handled as reasonably as traffic, at least in the counties where I have done traffic, people could have more confidence in the judicial system. Judges and hearing officers both seem to follow the law there. Admittedly, I average less than 2 cases/year in traffic, and your milage may vary.

  • Jan 8th, 2018 @ 5:27am

    Re: Re: Re: Re: Sad thing is...

    The bigger question would be - why do you need to hear your national anthem before games where both teams are from the same country in the first place?

    Because no one knows the state anthems of Florida and New York. Neither, in Florida, do many people distinguish the state anthem, 15.0326, from the state song, 15.0327, though at least many people would recognize the state song.

    Few people consider that the more likely state anthem or song, Orange Blossom Special, might be deemed dismissive of New York, from which the performer expresses hopes to flee.

    There. More information than you had in mind, I am sure.

  • Jan 3rd, 2018 @ 5:49am

    The Case Has Already Been Decided

    In Florida Star v. BJF, 491 U.S. 524 (1989), the US Supreme Court said that, if you lawfully obtained what was meant to be non-public information, you could publish it. There, the police dept had unintentionally included a rape victim's name in the materials they made available to the press. Cub reporter did not know it was illegal to publish that information [Fla. Stat. 794.03, still on books as of 2017].

    Vic sued, and the newspaper lost all the way through the state courts. Reversed, resoundingly.

    It is possible that the Laredo PD could have a claim against the officer who provided the information, but they cannot plausibly claim that talking to a cop is an unlawful method of obtaining police information.

    Legal advice is what you get from the attorney you hire, and you would probably want to hire one licensed in your state.

  • Dec 28th, 2017 @ 12:56am

    Re: operation: anti-troll

    These kind of FBI operations might serve one useful purpose, taking down internet trolls

    More likely, it encourage people to leave the trolling to the experts at the FBI and KBG.

  • Dec 28th, 2017 @ 12:56am

    Re: operation: anti-troll

    These kind of FBI operations might serve one useful purpose, taking down internet trolls

  • Dec 25th, 2017 @ 12:32pm

    Re: Why would there be a statute of limitations on prosecuting crimes?

    Canada doesn't run out the clock [impose limitation on crimes]. Why doesn't the US follow their lead?

    Because it would be unfair to require someone to defend after their evidence has grown stale, their memories have faded, their witnesses moved out of town, and the records are lost.

    Quick, tell me where you were on 14-Aug-1987. Oh, maybe now we know who killed []. Turn yourself in at the Sheriff's department, they'll get you booked in at Camp Swampy, and you can have a fair trial.

    And, generally, please do not give our legislature ideas.

  • Dec 25th, 2017 @ 12:07pm

    Re: Re: Re: Re: Re: Re: Re: Re: [technology company]

    The argument (or at least part of it) is that you do not buy transportation from Uber; you buy it from an individual

    That is where the argument falls down. Rider is not buying a ride from an individual.

    Rider buys transportation from Uber. Her pays Uber, using payment methods established with his Uber account. The price is subject to Uber raising the price during times of high demand and probably informing you of the increase.

    The transportation is the product. It may be provided under any of several Uber brands, e.g. uberX, uberXL, uberBlack. And it is all subject to an Uber arbitration agreement and Uber's choice-of-law provisions, both of which are generally detrimental to the rider, and both of which are not intended to be negotiated with the driver or subjugated to your state's law.

    The application is not the product. The application has no value other than obtaining the product. In this, it is like unto the Krispy Kreme application: you are not really interested in the app, you want the donuts. Or the Papa's Pizza application: you use the app only to obtain pizza.

    Uber, Krispy Kreme, and Papa's Pizza are not technology companies, even if they have people smarter than the geniuses at Google writing their respective apps. They are transportation, donut, and pizza companies.

  • Dec 25th, 2017 @ 1:56am

    Re: Re: Re: Re: Re: Re: [technology company]

    Why [is] the fact that Uber are a technology company so difficult to comprehend since that's the only thing they directly supply?

    It's difficult because it is not actually true. The person seeking transportation may indeed use their app, but what they are buying is a ride. They are giving Uber money for that ride.

    If you were buying apps from Uber, they would be a tech vendor. If you were buying cars from them, they'd be a car cvendor. If you were buying widgets from them, they'd be a widget vendor. Since you are buying transportation from them, they are a transportation vendor.

    There may be regulatory consequences to this. For instance, they (or their subcontractors) may need taxi medallions. I can barely spell ``EU'' and have essentially no idea of their myriad laws. If you wish to operate there, consult someone familiar with their legal requirements.

  • Dec 23rd, 2017 @ 6:21pm

    Re: Missing some basic facts. Might help the analysis

    he may have created the first prior restraint against the media should be upheld by the US Supreme Court

    I'm busy doubting it. The case I mentioned above, Florida Star v. B.J.F., 491 U.S. 524 (21-Jun-1989), has pretty much the same fact pattern. If you would assuage my doubts, and those of other readers, you ought to at least try to distinguish your case.

More comments from Tanner Andrews >>