techdescartes 's Techdirt Comments

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  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 21 Mar, 2017 @ 06:21am

    Re: Re: Re: Re: Re: Re: Re: Re: judges

    Giving the judge credit for having given the ruling a measure of thought before actually issuing it is admittedly an assumption which cannot be proven. So let me ask you, do you have any support for the idea that this judge typically issues rulings without giving them any forethought?
    We agree that the judge made a mistake in the original order. The question is why. Tegman suggested the judge didn't give a "flying flip" about constitutional rights. I responded and suggested that caseload might have something to do with it. Mistakes happen. It's been fixed. Where you came up with the notion that anyone was arguing that the judge didn't think about the orders before they were issued, I have no idea. When you find the rabbit, let me know.

  • On the post: Man Actually Arrested For Assault With A Deadly Tweet

    techdescartes ( profile ), 21 Mar, 2017 @ 12:41pm

    Word Placement

    ...to wit: a Tweet...

  • On the post: Filing Bogus Lawsuits As Part Of A 'Reputation Management' Strategy Costs Firm $71,000

    techdescartes ( profile ), 21 Mar, 2017 @ 09:38am

    Acronyms for Reputation Managers

    Skipping
    Ethical
    Obligations

  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 20 Mar, 2017 @ 07:59pm

    Re: Re: Re: Re: Re: Re: judges

    Of course it's significant. But you said the judge's first order was "premeditated." Do you have any support for that?

    If you read both this post and the previous one on this case, it's clear that the plaintiff was trying to hide the true nature of its claims behind trademark law. It seems likely that the judge just missed it the first time around, not for lack of concern for the law but because the lawyer slipped one past.

    Once the judge realized the mistake—when a lawyer finally argued the defendant's case—the judge fixed it.

  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 20 Mar, 2017 @ 05:42pm

    Re: Re: Re: Re: judges

    This was a little more significant and premeditated than an innocent little "whoopsie".
    Care to provide any support for that?
    Except, as I understand it, the judge had the opportunity but decided not to "fix it". It took another judge over him to do that.
    No, District Judge Dee Benson signed this order and the previous one.

  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 20 Mar, 2017 @ 04:07pm

    Re: Re: judges

    Is this included in your review?
    No, federal district court judges have lifetime appointments (which is why confirmation hearings are so much fun).
    Do you get a copy that you've been slapped down by a higher court?
    Yes, because you obviously have to fix something, like hold a new trial, change your order to conform to the appellate decision, or whatever.
    Do some judges get upset ... ?
    See comment about confirmation hearings above. After going through that, this is cake.
    Do some judges ... try and talk to the higher court?
    No.
    How does that work?
    Sometimes, judges drop commentary in opinions, but it doesn't happen often. Look for orders that cite how a bunch of other courts do something, followed by "However, this Court is bound to follow the Court of Appeals here ..."
    somewhat influenced by whoever elected or appointed you.
    They're not elected. Once appointed, they do not care who appointed them. (Of course, state court mileage will vary, but the case here is federal.)

  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 20 Mar, 2017 @ 03:56pm

    Re: Re: judges

    They have lifetime appointments, just like Supreme Court justices, so no, they don't get fired. Before you start deciding whether judges give a "flying flip," bear in mind that each judge in the District of Utah had 459 pending cases (as of 9/30/16). What appears to you to be a lack of concern almost certainly is a whoops-got-that-one-wrong-fix-it-now-move-on-to-the-other-458.

  • On the post: Judge Decides Free Speech Is Still A Right; Dumps Prior Restraint Order Against Mattress Review Site

    techdescartes ( profile ), 20 Mar, 2017 @ 03:35pm

    Re: Re: “food grade” and “non toxic”

    I've got a can of "food-grade" silicone lubricant spray for my Rubik's cubes. The can also says "HARMFUL OR FATAL IF SWALLOWED" on the front.
    Especially when applied to a Rubik's cube.

  • On the post: Judge Grants Search Warrant Demanding Info On Everyone Who Searched For A Certain Person's Name

    techdescartes ( profile ), 17 Mar, 2017 @ 12:00pm

    Which way to Mountain View?

    Supposedly, the warrant [PDF] limits Google's search for searches to the Edina area, but that puts Google in the position of determining who was located where when these searches were made.

    The phrase "located in city or township of Edina, County of Hennepin, State of Minnesota" comes immediately after Google's Mountain View address. That phrase is boilerplate indicated that the target of the warrant is supposed to be located in Edina, as a judge in Hennepin County District Court can't issue search warrants to be executed outside of that jurisdiction.

    However, at the end of the application, it states, "Google Inc. accepts and recognizes search warrants from Hennepin County District Court." In other words, Google apparently doesn't intend to object to what otherwise would be a lack of jurisdiction.

    Of course, the alternative reading is that the officer believes Mountain View, California is located in Edina.

  • On the post: Facebook Sued In Israel For Blocking All Links To Site Critical Of Facebook & Suggesting Site Was 'Unsafe'

    techdescartes ( profile ), 17 Mar, 2017 @ 10:08am

    Seems Plausible

    I'll admit that I'm a bit torn about this whole thing.

    Maybe Facebook's security systems detected something "unsafe" on their website. Maybe not. Mizbala thinks the latter. The only way to know is to obtain Facebook's internal documents and logs through discovery in litigation and, even then, you don't always learn the truth. If this case were in the U.S., Mizbala would have the legal right to find out because their theory certainly is plausible.

    As for the classification of "unsafe" constituting defamation or "false description," consider it in light of the text of Section 230(c)(2)(A):

    No provider or user of an interactive computer service shall be held liable on account of ... any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

    In other words, if Facebook is blocking the links because it believes that they are harassing, Facebook could have and should have just said as much. But if that is the reason and Facebook is calling it "unsafe" to hide the real reason, they may have a problem on their hands.

  • On the post: DHS Oversight Says Social Media Scanning Program Is Badly Implemented And Agency Doesn't Even Know If It Works

    techdescartes ( profile ), 17 Mar, 2017 @ 08:17am

    Redacted 2.0

    "an automated search tool called [REDACTED]"

    Isn't that the same tool used by the FOIA-request-processing group?

  • On the post: Bill Gates And Other Major Investors Put $52.6 Million Into Site Sharing Unauthorized Copies Of Academic Papers

    techdescartes ( profile ), 16 Mar, 2017 @ 08:58pm

    Re: Pot, Meet Kettle

    Trolling a troll is … still trolling.

  • On the post: Rep. Devin Nunes' Hypocrisy On Display In 'Concerns' Over NSA Surveillance

    techdescartes ( profile ), 16 Mar, 2017 @ 01:45pm

    Re: Re: Re: Re: Re: We've Been Here Before

    While we debate the Congressional version, apparently this is the version provided to the NSA, CIA, and FBI:

    Executive Order 12333 Whatevs.
    It'd be funny if it wasn't so scary.

  • On the post: Rep. Devin Nunes' Hypocrisy On Display In 'Concerns' Over NSA Surveillance

    techdescartes ( profile ), 16 Mar, 2017 @ 01:08pm

    Re: Re: Re: We've Been Here Before

    First, we had Senator Dianne Feinstein upset when the CIA spied on her office. Then we had former Rep. Pete Hoekstra upset when the NSA may have spied on Congress. Now, we have Rep. Nunes. At the same time, we have Ars Technica reporting that the CIA developed board games to train their officers. When one group of agents was found to be cheating at the game, the article states:

    "That's real human behavior," CIA Chief Strategy Officer Rachel Grunspan says. "If you design a game right, you’ll see a lot of complexity organically emerge. That’s what you want."
    It's not cheating. It's "organic complexity." Probably gluten-free, too.

  • On the post: New Filings In Our Ongoing Lawsuit

    techdescartes ( profile ), 16 Mar, 2017 @ 07:13am

    Re: Re: Re: Re: The best weapon comes from your opponent's arsenal

    With a settlement in his pocket mr email appears to have at least enough in hand to drive thus case to discovery and court.
    What the AC likely means is that the $750k Gawker settlement provided Ayyadurai with a war chest to pay for discovery and trial. Without that monetary settlement, this case presumably doesn't get filed in the first place. Maybe you meant to quote the AC's subsequent sentence:
    With a settlement in his pocket the courts are probably not going to dismiss especially considering the somewhat nasty tone of the postings here.
    Clearly, the dismissibility of this case does not hinge on the fact that Ayyadurai obtained a settlement from Gawker. As for the "somewhat nasty tone" argument (i.e., motion for hurt feelz) that's not a defense to an Anti-SLAPP motion or a motion to dismiss.

  • On the post: NY Legislators Looking At Installing A Free Speech-Stomping 'Right To Be Forgotten'

    techdescartes ( profile ), 15 Mar, 2017 @ 10:47pm

    Re:

    He wouldn't use it. He claims to be entitled to $15M plus making the posts go away. This law does nothing to help him make a claim for the $15M.

  • On the post: Utah Legislators Want To Outlaw Posting Of People's Pictures And Names With The 'Intent To Harass'

    techdescartes ( profile ), 15 Mar, 2017 @ 10:31pm

    Re: Re: Re: Jurisdiction

    You're right except for the law. Both Florida law (910.005) and Utah law (76-1-201) provide that a person is "subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that of another for which the person is legally accountable, if: … The conduct outside the state constitutes an attempt to commit an offense within the state." As a matter of practice, Florida won't extradite for a first offense under this law because it would be a misdemeanor. Second offenses could be felonies, though, so Florida would extradite. (Again, assuming that the law didn't so blatantly violate the First Amendment.)

  • On the post: New Filings In Our Ongoing Lawsuit

    techdescartes ( profile ), 15 Mar, 2017 @ 08:06pm

    Re: Odd bit I haven't seen mentioned

    Let's add another odd bit not yet mentioned. On his website, Ayyadurai states, "Email is the direct translation of the interoffice, inter-organizational paper-based mail system." And in an interview with Mo Rocca on that Ayyadurai posted to YouTube, he said:

    Every secretary, on their desktop, was a thing called the inbox. So everything we see today in every email program in the world—inbox, outbox, folders, address book, return receipt, to, from, subject, bcc—all of these elements and more all came from the interoffice mail system, which was a physical system that was used in every office in the world.
    In other words, Ayyadurai admits that his program merely performs the functions of an interoffice mail system "on a computer". Under the Supreme Court's Alice decision, his program could not be patented, even now that computer programs are patent-eligible.

  • On the post: Film Distributor Creates Torrent Site Clone That Gives Away Movie Tickets To Combat Piracy

    techdescartes ( profile ), 14 Mar, 2017 @ 06:48pm

    Re: iRony

    (formatting fail)

    The cloning of a torrent site feels a little shady...
    Agreed. People might get the idea that it's OK to copy someone else's stuff.

  • On the post: New Filings In Our Ongoing Lawsuit

    techdescartes ( profile ), 14 Mar, 2017 @ 01:11pm

    Re: Re: Re: Re: Re:

    Correction: the California Supreme Court affirmed the Court of Appeals, sending the case back to the district court for further proceedings.

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