Tanner Andrews 's Techdirt Comments

Latest Comments (1401) comment rss

  • On the post: Aylo’s Deferred Prosecution Agreement Will Make Pornhub A Much Safer Platform. Here’s Why. 

    Tanner Andrews ( profile ), 28 Dec, 2023 @ 07:34am

    two problems, really

    contract disputes for non-payment of services
    Yes, there appears to have been a lot of failure to pay the agreed amount for services. However, there also appears to have been deliberate mischaracterization of the services, as well as time required (hours instead of 30 minutes). There was also a problem that the ladies were recruited with promises as to distribution which never made it into the written contracts. There may have been other unreliable representations made during the recruiting.

  • On the post: Fifth Circuit Tells Wrongly Convicted Woman She Can’t Sue Over Obvious Judicial Fuckery

    Tanner Andrews ( profile ), 28 Dec, 2023 @ 01:42am

    ask for en banc review

    The Supreme Court should not be the only level of the judicial branch allowed to recognize illegal actions
    The local rule in the US 5th Circuit is that a panel is bound by all prior precedent in the circuit. The only way the precedent can be changed is if someone asks for ``en banc'' review, and a majority of the active judges vote to grant that. Then the entire circuit can consider whether the precedent is wrong. In this case it is hard to say that it is wrong, since deference to official misconduct is generally the favored result in the US 5th Circuit. So en banc review may not produce a useful result.

  • On the post: In A Couple Of Weeks Mickey Will Be Free*; And Our Public Domain Game Jam Will Be Open

    Tanner Andrews ( profile ), 18 Dec, 2023 @ 12:27am

    creative incentive to feed family

    And if a creator dies of a heart attack two years after self-publishing a best-selling novel
    If that was his way for providing for his family, I should like to think that they can enjoy the remainder of a reasonable term. If there are 14 or 20 years left, that might even get the kids through college. My objection is to unreasonably long terms. The original 14 years seems reasonable. Maybe extend it another 14 if the author is still making money. But 50 years or more is way excessive. The original bargain was limited time of rights in return for giving to the public.

  • On the post: ‘Free Speech Absolutist’ Elon Musk Is Also ‘Libel Tourist, Vexatious SLAPPer’ Elon Musk

    Tanner Andrews ( profile ), 12 Dec, 2023 @ 12:19am

    tell me

    you get that “business disparagement” is just another word for defamation, right?
    No, I do not get that. I know the elements of defamation. What do you think the elements of ``business disparagement'' are, and are you sure they are identical to those of libel or slander? Just for convenience of reference, defamatrion requires unlicensed publication of injurious falsehood. Milkovich v. Lorain Journal, 497 U.S. 1,4 (1990). In Florida, the specific words, and their falsity. must be alleged. Hawke v. Broward Nat'l Bank, 220 So.2d 678,679 (4DCA 1969).
    “you idiot”
    We idiots will be fortunate to be educated as to business disparagement by those like Mr. Bennett, who tower over us in so many ways.

  • On the post: Carmakers Push Forward With Plans To Make Basic Features Subscription Services, Despite Widespread Backlash

    Tanner Andrews ( profile ), 10 Dec, 2023 @ 03:30am

    not that great

    Cylinder deactivation (by shutting off valves and turning off injection) is already a thing to improve gas mileage
    Yes, it was a thing. Cadillac did it in 1981. It lasted a whole model year, and there was an aftermarket fix to prevent the functioning of the V8-6-4 system so you always had a V8.

  • On the post: Florida’s Anti-Drag Law Loses The Big One: Supreme Court Says Block On Unconstitutional Law Can Remain In Place

    Tanner Andrews ( profile ), 08 Dec, 2023 @ 05:01am

    act now before it is too latge

    how much of our tax money (I sadly live in FL, it has been alarming how quickly it has gotten this insane) we are spending defending all of the blatantly unconstitutional bills
    At one time you were allowed to know how much it was costing the taxpayers for him to campaign in Iowa. However, Chapter 2023-58, amending S:943.68, now provides that such costs are state secrets for security purposes. The lawyer bills to defend that law, and probably the lawyer bills to defend the anti-drag bill, may becone state secrets in the next legislative session. It depends on how embarrassed Ron DeStracted might happen to feel.

  • On the post: Court Tosses Libel Suit Brought Against A Legal Doc Site For ‘Failing’ To Report On A Settlement Agreement

    Tanner Andrews ( profile ), 07 Dec, 2023 @ 04:06am

    well, it depends

    True facts can’t be defamation.
    This will depend on your state. Some states recognize ``false light'' defamation, which is where carefully curated facts give a deceptive bad impression of the plaintiff. Florida does not recognize false light defamation. Jews for Jesus, Inc., v. Edith Rapp, 997 So.2d 1098,1100 (Fla. 2008). There is defamation by implication, id at 1106, with different elements.

  • On the post: State Of Iowa Sued By Pretty Much Everyone After Codifying Hatred With A LGBTQ-Targeting Book Ban

    Tanner Andrews ( profile ), 04 Dec, 2023 @ 08:35pm

    this may not work out as well as they hope

    forbids mention of sexual orientation or gender identity from kindergarten through the sixth grade
    Gender identity is how kids know which bathroom to use. Forget to tell the them about gender identity, and the results may not be exactly what you want.

  • On the post: Hormel Fairly Chill About ‘Spam’ Trademark, Still Missing Business Opportunities

    Tanner Andrews ( profile ), 02 Dec, 2023 @ 09:21am

    correct path

    “We did not get an official cease and desist letter. It was an inquiry email asking if we were using the official Spam product,”
    That seems like the right thing to do. If someone is selling their own product under your trademarked name, then there is great likelihood of confusion. If their product is better, yours will start to be diminished in the eyes of the public as they are disappointed when purchasing the trademarked product. If yours is worse, and people impute the inferior quality of your product to the trademark owner, they suffer reputational injury. Best to make a polite inquiry, have the alert recipient notice that indeed there could be a product, and rename the non-trademarked product ``Ann's Ham -n- Cheese'' or similar.

  • On the post: Elon’s Censorial Lawsuit Against Media Matters Inspiring Many More People To Find ExTwitter Ads On Awful Content

    Tanner Andrews ( profile ), 29 Nov, 2023 @ 01:10am

    appreciating those faster on the fingers

    And I’d like to know why people keep giving attention to the trolls that come on this site in order to disrupt and garner attention for themselves
    Not sure. Personally, I appreciate those folks who are faster to the articles and comments, and who flag the trolls so that they do not appear on my screen. I also have foolish and unfounded hopes that ``flag'' will be fixed so that it works as it did on the old site, without need for javascript.

  • On the post: Elon’s Censorial Lawsuit Against Media Matters Inspiring Many More People To Find ExTwitter Ads On Awful Content

    Tanner Andrews ( profile ), 28 Nov, 2023 @ 06:26am

    not necessarily bad

    ads still show up next to objectionable content.
    In some cases this may be viewed as appropriate targeting. It is possible that nazis are good prospects for dodgy crypto offerings, unusual digital trading cards, and male enhancement products. Why would an advertiser object to having his adverts show up right where his audicence is to be found.

  • On the post: Elon’s Censorial Lawsuit Against Media Matters Inspiring Many More People To Find ExTwitter Ads On Awful Content

    Tanner Andrews ( profile ), 28 Nov, 2023 @ 06:20am

    objection

    normally reserved for a spouse
    Assumes facts not in evidence.

  • On the post: Congrats To Elon Musk: I Didn’t Think You Had It In You To File A Lawsuit This Stupid. But, You Crazy Bastard, You Did It!

    Tanner Andrews ( profile ), 22 Nov, 2023 @ 02:30am

    there may be some hope

    Media Matters, which has fewer financial resources will be dragged through the process and will be spending a lot of time and money
    Let us hope that Texas has a good offer-of-judgment statute.

  • On the post: Congrats To Elon Musk: I Didn’t Think You Had It In You To File A Lawsuit This Stupid. But, You Crazy Bastard, You Did It!

    Tanner Andrews ( profile ), 22 Nov, 2023 @ 02:26am

    fed courts are separate

    footnote that says “Admission Pending” so, at some point, we went from being SG of Texas to being unlicensed in Texas
    Not really. The Federal courts require separate admission, sometimes per district (e.g. M.D. Fla, N.D. Tx). We should assume that he is licensed in Texas, as seems likely based on his history and the inclusion of ``Texas Bar No. 24087727'' in his signature block. There is no reason to doubt that this is legitimate. He has probably filed either an application to appear pro hac vice in this matter, but it is possible that he actually applied to become a member of the N.D. Tx bar and that is pending.

  • On the post: Maine Voters Once Again Show ‘Right To Repair’ Reforms Are Overwhelmingly Popular

    Tanner Andrews ( profile ), 18 Nov, 2023 @ 02:06pm

    not there yet

    Do you have a solution that isn’t just “law harder”?
    I do not think I have a clear statement of the problem. Until I have that, I probably cannot have a workable solution.

  • On the post: Ravinia Festival Assoc. Sues Ravinia Brewing Company Over Geographic ‘Ravinia’ Trademark

    Tanner Andrews ( profile ), 15 Nov, 2023 @ 01:55am

    hollyweird v hollywood

    There is an area out in California that also uses the name "Hollywood" and for which there are occasional attepts to stifle others using that name. The most likely example targets are entities in actual Hollywood (Broward) using their city name as parts of their business names.

  • On the post: The US Healthcare Scam Illustrated In The Impossibility Of Getting A Bill For Five Stitches

    Tanner Andrews ( profile ), 14 Nov, 2023 @ 07:54am

    verification of debt

    “verification” as far as the FDCPA is concerned does not require an itemized medical bill
    It might not. There is a good argument, however, that it requires at lest something more than a lump sum if you have disputed the bill. More strategic consideration is that, when you ask for itemized bill and they refuse or fail to produce it, you can argue that any appearance at trial is a late fabrication. Otherwise why did they not produce it upon request?

  • On the post: ExTwitter Admits Elon Has Cut 56% Of The Value Of The Company; Fidelity Says It’s Actually Worth Even Less

    Tanner Andrews ( profile ), 04 Nov, 2023 @ 06:03pm

    if he wants a court case

    Oh, good, propaganda written by gov bureaucrats (i.e. liberals), not a court case or anything.
    If he wants a court case, the exceptions are set forth with examples in Stevens v. U.S., 559 U.S. 470. If he is simply being a stubborn child, then we should get him a spoon and tell him where the sand may be found.

  • On the post: ACLU Calls Out School Surveillance Programs In Latest Report

    Tanner Andrews ( profile ), 22 Oct, 2023 @ 03:44am

    someone cannot do math

    According to David Ropeik, a consultant on the psychology of risk perception, the likelihood of a K-12 public school student being shot and killed at school is roughly 1 in 614 million.
    Assuming this is true, and assuming that the Robb Elementary shooting is the only one this decade, and ignoring the wounded, we have 19 shot and killed at school. For the stated odds to be correct, there would have to be 19 * 61400000 kids in school. That is, we must have 1.1 billion school kids in the coutry. Since that is about 3x the entire population, I figure that the expert view is subject to question.

  • On the post: California Court, Ridiculously, Allows School Lawsuits Against Social Media To Move Forward

    Tanner Andrews ( profile ), 19 Oct, 2023 @ 05:01am

    standing comes from special injury

    [school boards] are the overseers of the district, and that’s where the standing comes from – as locally elected representatives
    This is not normally the case. The schooo district would need to allege an injury special to it, which is to say, one not suffered by the public at large. One who suffers the same injury as everyone else, without more, generally lacks standing. You cannot sue the evil that is your least favorite social media site, unless that site has done something that injures you more than the other members of the public. That they are evil and run over puppies is insufficient, you need to allege that they ran over your dog. Locally elected boards do not magically gain the power to fight all the evil of the world, or even to litigate toward that end.

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