Tanner Andrews’s Techdirt Profile

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  • Aug 30th, 2015 @ 10:23am

    Re: Dirtbags vs Solid Acting Careers


    He is a credit to the film industry itself.

    Based on the little I have heard about the film industry, this could be a damning condemnation of Mr Woods' suit. The film industry appears from this great distance to be filled with cocaine consumers. If the plaintiff is much involved in that industry, to the point of being deemed an exemplar, he could well be a cocaine consumer.

    I am informed that cocaine does not make its consumers smarter or wittier. Neither does it make the consumers more attractive to the appropriate sex except to the extent that a particular member of the appropriate sex may also be seeking cocaine.

    All of which leads to an interesting question. If this gets past the anti-SLAPP motion, does Mr Woods get to pee in a cup? Normally I would not expect that to be legitimate discovery, but it appears that his lawyer may have opened the door.

  • Aug 29th, 2015 @ 4:37am

    Re: Budweiser == piss?


    somehow confused for the mega-corporation that pumps out piss.

    Well, you may have hit upon the reason for keeping all those clydesdales. And, see Dickes v. Fenne, 82 Eng.Rep. 411 (K.B. 1640).

  • Aug 24th, 2015 @ 8:05pm

    Re: Re: Re: Re: Re: Fundamentally outrageous


    I think lawyers should (perhaps be required to) warn plaintiffs of the potential damages they could face when they absolutely insist on going forward with a frivolous lawsuit

    Yes, and I suspect these are fairly common. The Federal rules provide for a Rule 11 motion for sanctions. Florida provides this by statute. Check your state law for corresponding details, perhaps by tracking how the Federal rules flow into your state rules.

    The ethics rules generally prohibit lawyers from promoting cases known to be meritless, though an argument for application of or extension of existing law is an exception. That is how law evolves: compare Pace v. Alabama, 106 U.S. 583 (1883), to Loving v. Virgina, 388 U.S. 1 (1967). Or, the classic case, Plessy v. Ferguson, 163 U.S. 537, to the several ``Dining Car'' cases,or Brown v. Board of Education, 347 U.S. 483.

    In this case, I cannot see any plausible explanation for the atty taking the city's case. There is no claim that present law is incorrect, nor any principle to be extended to a new area. The attorney for the city should, however, be grateful for the $50,000.00.

    In a situation like this, I am glad not to represent the city.

  • Aug 20th, 2015 @ 2:25am

    Re: Fiber [and satellites]


    [sattellite] latency is horrible, but the speed isn't bad once you get going. That was 2000-2005, it's probably improved since them.

    Probably not. The speed of light has stayed pretty steady for the past few decades. The latency is essentially the time for signal to get up to the Clarke belt and back.

  • Aug 18th, 2015 @ 5:53pm

    (untitled comment)


    What people -now- call an API has been called different things through the ages ("interface", "system subroutine library", "library function", "supervisor call", etc)

    There, I think that's probably as good a demonstration of the problem as you'll find anywhere. In one sentence we have managed to conflate non-copyrightable API, copyrightable implementation of API, and some other stuff. Such confusion does wonders for technically uninformed judges in the federal appeals courts.

    They may know the law, but it is patent that they do not understand computing.

    Simple example trying to get it fairly close to correct, the classic read(2) system call on something that looks similar to a real machine:

    int read(int fd, char *buf, int sz); /* here is the API */

    /* here is part of a hypothetical implementation */
    mov 6(sp), r1
    mov 8(sp), r2
    mov 10(sp), r3
    trap #2
    /* the actual stuff takes place in the supervisor call */

    I should mention that 3 years of law school normally includes a grand total of zero hours of understanding how to program computers. Some of the more advanced students will get an extra 50% more programming education. When the beaks on the CAFC went through law school, many years ago, they only got about half this much programming experience.

  • Aug 6th, 2015 @ 6:59am

    Re: appeal : [DO NOT PUBLISH]

    wonder why the court didn't want that appeal published

    It's fairly common. They figure that it does not decide any interesting legal issues and will not offer much guidance beyond the case at hand.

    Since they charged through all the F.2d numbers and in just a few years are well up in the F.3d numbers, there is some desire to cut down on the published opinions or at least limit them.

  • Jul 29th, 2015 @ 1:43am

    Re: Re: This is great! (pledge of allegiance)

    There's a reason they made every kid say it

    Yes, but the reason is not very compelling. It was written by Francis Bellamy back in the late 1800s. Its original publication and promotion were intended to sell flags into classrooms.

  • Jul 28th, 2015 @ 7:00am

    Covenant Not to Sue

    Without some analysis of the covenant, and whether it is an agreement with consideration on both sides or just a paper from the city, it is hard to say how much protection it would offer. It may eliminate the case and controversy, if it releases the plaintiff and everyone in any wise associated with him, now and forever. Otherwise, next week's Newcorp Sign Pictures, LLC, of which he is the president, has the same issue and he still has the same need for a declaration.

    This sort of problem evades review and is likely to recur. Courts sometimes address such even when the original controversy is moot.

    If the covenant works and is broad enough to eliminate his case and controversy, then we need to wait for Newcorp Free Automatic Sign Image Sublicensing, LLC, to see how this works out.

  • Jul 28th, 2015 @ 6:52am

    Re: [legal test for obscenity]


    Obscenity has a specific and narrow, albeit not very clear, legal definition

    Yes, it does. The problem is that the definition is not very usable due to wear and tear.

    Definition: ``I know it when I see it''. Jacobellis v. Ohio, 378 U.S. 184 (US 1964).

    Wear and tear: Justice Stewart is no longer available to view and inform us.

  • Jul 1st, 2015 @ 5:12am

    Public Records Laws Vary by State

    The laws in Texas may not be the laws we are used to in Florida. Each state has its own law; I think there are a few which modeled their law on Florida.

    Such a request for money also happens in Florida, but occasionally the records-seeker is referred to the First Amendment Foundation. There is case law concerning reasonableness of charges in Florida.

    Our problem is that, every year, the legislature enacts some tens of new exemptions. They now number over a thousand. My favorite example is a campaign treasurer's report which redacted the address of the campaign treasurer. It was probably perfectly legal under the statute.

    Another exemption says you can no longer review records to see if your city manager or other high-level officials live in the city they govern.

  • Jul 1st, 2015 @ 5:02am

    She Should Have Called the First Amendment Foundation

    They could have provided her with some good information, and maybe discussed Carden v. Chief, 696 So.2d 772 (2DCA 02-Nov-1996).

  • Jun 19th, 2015 @ 4:48am

    Anti-SLAPP Bill Has Surprise Buried Therein


    The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.

    From Ch 2015-70, Laws of Florida.

    File your anti-SLAPP motion. Lose, perhaps because the judge is reluctant to grant judgment that early in the case. The SLAPPer is now entitled to fees.

    Not the first time, and probably not the last, but I have to remind people how close Tallahassee is to Chattahoochee. Or maybe, with work product like this, I do not have to remind people because it is fairly obvious.

  • Jun 17th, 2015 @ 12:39am

    Re: Payments to Majesty Law Group


    First, thanks to all who support my fight.


    Normally, a party to litigation is well advised to listen to his atty. His atty will generally advise him not to have any comment on the pending litigation.

  • Jun 4th, 2015 @ 7:20pm

    Re: Re: Re: Re: Re:


    The bad PR they generate doesn't seem to stop them gaining new clients

    Some day they are going to send the C&D letter to the wrong target, and his response will be delivered by deputy sheriffs. ``Here, have these papers. You have been served.''

    The C&D letters certain appear to be setting up a declaratory judgment action. If properly pled, the non-infringing recipient might even get his fees back.

    I imagine that, when that happens, word will get out to the companies using Mark Minotaur to send these letters.

  • Jun 4th, 2015 @ 2:52am

    James Butts, Potential Butt of Jokes

    While Butts is the obvious target of the criticism, the suit was filed on behalf of the city as a municipal corporation. That means that either the city delegated the power to sue, or the entire commission had to vote for this suit.

    I express no view as to which of these options is dumber.

  • Jun 3rd, 2015 @ 4:58am

    Site is Called ``Bumblehive'' for a Reason

    The ``hive'' comes from Utah, the beehive state. As for bumble, well, some people thought it referred to a variety of bee. No such luck, it refers to the operators of the site.

  • May 24th, 2015 @ 12:39am

    Definition of Obscenity


    What is the legal definition of obscenity in the US?

    The standard definition is given by Justice Stewart in his concurring opinion in Jacobellis v. Ohio, 378 US 184,197 (US 1964): ``I know it when I see it''. Thus the job of any seller or distributor is to revive the long-deceased in order to show the material to him and see if he deems it unclean.

  • May 9th, 2015 @ 2:22pm

    Re: NFL Banks Use of Periscope Streaming

    Not sure this is a real problem. Last I heard, live hockey games lost in the ratings to reruns of poker tournaments.

    At some point the NHL may want to investigate making itself relevant. But why bother. Surely they can cadge a half-dollar from someone for the right to periscope stream a zamboni scraping the ice during the intermission.

  • May 5th, 2015 @ 4:49am

    Re: Re: [taxpayers get to pay]

    Depends on how she brings it. She can surely have an action for uncompensated taking against the officers directly, and may also have a claim against their agency.

    If the claim is against the officers, then they may bear the cost of the device. Split amongst them, it is probably not a great price.

    She might also have a claim for battery if she can make out a clearly established right not to be battered by armed thugs. I presume that they and their agency will argue that such a right is not well established, and many federal judges will agree.

  • Apr 30th, 2015 @ 5:55am

    Not Certain to Help Sales


    I imagine that this book will sell tonnes more copies as a result!

    Not so sure of that. If it is removed from the market it will be hard for the author to sell many copies. I have to think that someone screwed up pretty badly to grab someone's engagement/wedding pic and not clear the rights.

    Version 2, with a properly licensed photo, may get less publicity.

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