Wendy Cockcroft 's Techdirt Comments

Latest Comments (1678)

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 05:46am

  Re: Re: Re: Re: Kinda like a Bill of Rights

  So, just because they're a "powerful multinational corporation" they don't enjoy the same rights as everyone else?**

  They don't face the same penalties as everyone else for violating our rights. You're comparing them to people when you should be comparing them to governments. Some international corporations have more power than democratically elected governments and can affect their ability to legislate in the public interest. They emphatically DON'T give a rat's about your rights.

  The fact that you don't like someone is not a valid reason to take away their rights.**

  Put the straw away, please, it's a fire hazard.

  I'm defending the idea of rights - of limits on the power of governments, elected or otherwise, to do injustice to people (and groups of people in corporations).

  I wish you'd defend the ides of rights - of limits on the power of corporations, which are completely unelected, to do injustice to people (and groups of people in other countries).

  There may well be reason to complain about the particular rights granted to Uber or others under ISDS agreements.

  There is when their "rights" supercede ours.

  That's entirely separate from the principle involved - that rights exist, that there are limits on what majorities may legitimately do to minorities (even if the minority is a wealthy corporation that you don't like).

  I don't have a problem at all with wealthy corporations. I've been working for them for years. I do, however, have a problem with them throwing their weight around so they can screw We the People.

  Seems like a lot of people (not you, I hope, Wendy) really think that "elected representatives" ought to be entitled to do ANYTHING they want to ANYBODY for ANY reason or NO reason. Without limit or rules to restrain them.

  NOBODY on this planet ought to be entitled to do ANYTHING they want to ANYBODY for ANY reason or NO reason. Without limit or rules to restrain them. Not governments, which we do have a say in, or corporations, which we don't have a say in.

  I don't think so. That's mob rule, not liberal democracy. I like rights.

  Mob rule means all rights for everyone are suspended pending consensus. When corporations run riot, my rights to clean air, a decent wage, and things like that are suspended until they reach an agreement with the powers that be. Sometimes they effectively ARE the powers that be. I'm not okay with that. The lens through which you ought to be viewing this is, "Who has the power?" The people with less power are the goodies. The people with more power and who are actively harming people either directly or indirectly are the baddies. Why is this hard to understand?

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 05:36am

  Re: Re: Re: Re: Re: What kind of politician

  Yes it is. ISDS cases are contested in supra-national tribunals and are not open to the public. Did you see the link I posted earlier? We can't see the full details of Veolia V Egypt because it's not open to the public. That's the problem with these things; there's no transparency or accountability.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 05:35am

  Re: Re: Re: Re: Re: Re: What kind of politician

  Yes, and Philip Morris threatened Ireland with a lawsuit if it dared to enact anti-smoking legislation. They didn't, in the end, and Ireland went ahead. Now imagine what might have happened if we hadn't had the weight of the EU behind us. Our economy is too small to fend off constant litigation by the likes of Philip Morris. https://www.campaignlive.co.uk/article/philip-morris-fight-irish-government-cigarette-display-ban/943122 Due to the cost of defence, even the threat of litigation can and does have a chilling effect on legislation in the public interest.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 05:31am

  Re: Re: Re: Re: Re: Re:

  This was an unusual case in that Veolia had a contract with Alexandria that stating that should certain expenses go up, wages being one of a number, payments to Veolia would go up commensurably*. Alexandria reneged on their contract, Veolia was unsuccessful in seeking redress in domestic courts, and raised an ISDS dispute.

  That is an example of chilling legislation in the public interest. As I said, the small print isn't readily available to legislators and public interest groups prior to the agreements being signed off. To say they are is disingenuous. *Commensurately. You're welcome.

  Broken contract - tell me why they should not dispute it?

  I'm not going to say they shouldn't dispute it but that clause should not have been in there. Proper scrutiny would have chucked it out.

  You forgot to mention that Veolia lost the dispute.

  Fending off such disputes is costly. It took six years to shut it down.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 05:21am

  Re: Re: Re: Re: Re: the right to rewrite the law

  The idea of rights is that they're for everyone. So why do human rights take a back seat to corporate rights when they are not obliged to take responsibility for their actions and go unpunished for crimes such as pollution and making us ill by selling us poison?

• On the post: Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:11am

  Re:

  act like a citizen that respects other citizens, Like you do?

• On the post: Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:10am

  Re: Re: Re: Re: Re: Re: Nothing is an accident

  How nice of him to point to my rebuttal and proof that it's a troll post. He brings it up so much I wonder if he wrote it. He failed to get me fired from my job. All this for disagreeing with him on a tech blog comment thread?

• On the post: Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:07am

  Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

  He has claimed that he was joking about this on several occasions, so how in the world can anyone possibly take him seriously? How funny that he feels threatened by little ol' me!

• On the post: Rep. Devin Nunes Now Threatening To Sue Fellow Congressional Reps

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:06am

  Re: Shove it

  Yes. I LOLed. I love Ted Lieu!

• On the post: Bad Ideas: Raising The Arbitrary Age Of Internet Service 'Consent' To 16

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:02am

  Re: Re: Re: Re:

  a succession of ever more inept elected inbreds serve to nurture increasing voter apathy at the end of which suddenly a strong man appears the attractive or at least less bad choice. Yes indeed, we're seeing that now. It's annoying how the press has been driving this, rather than the other way around.

• On the post: Bad Ideas: Raising The Arbitrary Age Of Internet Service 'Consent' To 16

  

  Wendy Cockcroft ( profile ), 20 Jan, 2020 @ 03:00am

  Re: Re: Re: Re: Re:

  Yes indeed. Campaign fatigue is a thing. As long as we continue to be complacent, they'll continue to behave badly and get away with it. I mean, what are we going to do about it -- vote for someone else?

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:46am

  Re: Re: Re: Re: Re:

  SDM, RE: treason; while you may be technically right, the laws in other countries differ from the dictionary definition of treason. And remember, the government officials who sign off on the treaties don't always know what is in them since they're usually negotiated in secret and only lobbyists tend to have a say in what goes in there.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:44am

  Re: Re: Re: Re:

  Gentlemen, allow Wikipedia to arbitrate: ISDS cannot overturn local laws (unlike the World Trade Organization) which violate trade agreements, but can grant monetary damages to investors adversely affected by such laws. According to the Office of the United States Trade Representative, ISDS requires specific treaty violations, and does not allow corporations to sue solely over "lost profits". However, such violations may be difficult to foresee, and the threat of exorbitant fines may cause a chilling effect which halts regulation or legislation in the public interest (e.g. human health and environmental protection). Critics also state that treaties are written so that any legislation causing lost profits is by definition a treaty violation, rendering the argument null that only treaty violations are subject to ISDS. Therefore, while technically ISDS doesn't rewrite laws per its specific wording, the actual, proven effect is that countries wishing to avoid being sued (even if they win, cases are expensive to defend) have to think twice about enacting laws in the public interest. That is how ISDS actually rewrites other countries' laws; via the chilling effect of the threat of litigation.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:37am

  Re: Re:

  Per ISDS, no they're not. And if they don't like the laws of their host country they can sue for lost profits, forcing the host country to either keep paying out or change their laws till the multinationals stop suing.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:35am

  Re: Re: Kinda like a Bill of Rights

  ^This. Old Mugwump, in no way is Uber either a peon of any kind or an individual. It's a powerful multinational corporation throwing its weight around.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:33am

  Re: Re: Re:

  They get conned into signing these deals, which are often written in English and densely packed with legalese. Imagine English is not your first language and you're under pressure to get a deal done by pro-trade types who don't like to delve into the details. This kind of thing isn't printed front and centre, it's hidden deep in the weeds and worded such that it doesn't specifically state that companies can sue you for, let's say, raising the minimum wage (Veolia V Egypt). The average government official doesn't even get to see the text because the agreement is negotiated by lobbyists in secret. Therefore, when they enact laws to protect the public, they have no idea which clause of the FTA they're violating and the legal action comes as a shock. Ignorance of the law is not a defence, so they get screwed. ISDS should be illegal. It's nothing but a con.

• On the post: Uber Wins Dubious Honor Of Being First Big Tech Company To Bully A Small Nation Using Corporate Sovereignty

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:29am

  Re: Re:

  If you're afraid to enact or enforce a law for fear of being sued, Craig, that's exactly what it is -- the right to rewrite the law. You can argue that the rewriting is by proxy but the law is either being effectively rewritten at the behest of a foreign corporation or it ain't.

• On the post: Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:26am

  Re: Re: Re: Nothing is an accident

  sometimes Wendy Cockcroft is a conservative, sometimes a programmer, sometimes ... Programmer? I can't program. This is why I don't tend to comment on the more technical posts -- I know too little to say anything of value there. I have never pretended I could program. I'm conservative by the standards of the Eighties; my positions haven't moved much since then. I'm not going to shift with the Overton Window because the mass media told me to. Sooner or later you're going to have to learn to live in a world where people disagree with you instead of having an absolute cow when we do.

• On the post: Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:21am

  Re: Re: Re: Re: Re: Re: Re: Re: Re:

  If all you have is money, how very poor you are.

• On the post: Rep. Devin Nunes Now Threatening To Sue Fellow Congressional Reps

  

  Wendy Cockcroft ( profile ), 17 Jan, 2020 @ 07:18am

  Re: Re: Re: Re: Re: Re: Take that back, or else.

  I do, I was just poking the bear.

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