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lawtalkinghuman

572 karma · joined June 8, 2019

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lawtalkinghuman··on Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
> Why is it fair for apple to arbitrarily prevent the installation of any competing distribution methods?

Same reason it is fair for Nintendo to not allow Sony to sell Switch games, and Sony not to allow Nintendo to sell PlayStation games.

Their circus, their monkeys.

> Apple has said "Nice store you've spent all that money building, such a shame we've decided we won't allow you to use it on an iPhone."

Epic also can't put the Epic Store on Switch or PlayStation. Strange how there's no hand-wringing about that.

lawtalkinghuman··on Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
That's reserved for the only true mortal sin in legal practice - fucking around with client money.
lawtalkinghuman··on Wikimedia is moving to Gitlab
I'm okay with Vim being slightly harder to learn to use than VS Code. A tougher learning curve in exchange for more powerful tools can be a good tradeoff.
lawtalkinghuman··on ‘Culture wars’ are fought by tiny minority – UK study
He's a professional journalist and while on the BBC, he has competently cross-examined politicians of any party or background, but to pretend he's not on the right is silly, as Ben Shapiro found out to his detriment.

That said, we shall have to wait and see whether Neil continues to be vigorous in his questioning of those on the right when he's on a channel that doesn't have the BBC's theoretical commitment to non-partisan neutrality.

lawtalkinghuman··on ‘Culture wars’ are fought by tiny minority – UK study
The reason the UK doesn't have hyper-partisan television news is because of the regulation of broadcast television (i.e. Ofcom).

There is an effort to start a Fox News equivalent in the pipeline: https://en.wikipedia.org/wiki/GB_News

lawtalkinghuman··on The RIAA’s attack on YouTube-dl is not a DMCA 512 infringement
Quality satire, please keep it up.

The only thing blockchain folks are doing really reliably is scamming the hell out of people.

lawtalkinghuman··on Wheelmap.org - A map of wheelchair accessible places
There's ways for the government to specify in more detail what does and does not amount to a reasonable adjustment through secondary legislation covering specific industries, building regulations, and so on.

Almost all the most important laws have some subjectivity and interpretation built into them. If they didn't, we'd get conceptual clarity at the cost of some pretty horrible injustices.

lawtalkinghuman··on Wheelmap.org - A map of wheelchair accessible places
A lot of disability discrimination is handled at a national rather than EU level, because EU law is pretty narrowly constrained by the treaties and the purpose of the EU.

In the UK, there's a "duty to make reasonable adjustments" if "a provision, criterion or practice [...] puts a disabled person at a substantial disadvantage" (s20 Equality Act 2010).

But there's quite a wide margin when it comes to what is or isn't a "reasonable" adjustment.

Lots of historic buildings are never going to be fully accessible without a massive rebuild project. The cost of retrofitting, say, the London Underground to be fully wheelchair accessible would easily reach into the tens of billions. (New capital projects tend to have accessibility baked in—so the DLR, built in the 80s, is extremely accessible, as is the renovated bits of the Jubilee Line, and Crossrail will be.)

The "reasonable adjustments" don't necessarily need to be providing physical access adjustments like ramps/lifts. For instance, when I was in university, one of the students on my course was in a wheelchair, and they relocated all lectures, tutorials and seminars he was in to ensure they were all in the rooms that were wheelchair accessible.

There is some EU legislation that tries to unify accessibility rules across the different countries though. https://ec.europa.eu/social/main.jsp?catId=1202

lawtalkinghuman··on PayPal to allow cryptocurrency buying, selling and shopping on its network
> don't allow refunds or chargebacks on cryptocurrency transactions

In practice this just means: when a hacker gets into your elderly family member's PayPal account, they need to buy as much crypto as they can since then there's no chargebacks for fraud.

lawtalkinghuman··on I enforced the AGPL on my code
The intent needs to be clear in the licence text itself. In a dispute, courts will look to intent somewhat, but generally the law assumes that when parties to a contract or licence or deed state their intentions in the form of written text, that text will be primary in understanding the content of the agreement that was made.

The authors of legal texts don't have magic powers. Let's say you buy a product from a company, C. They wrote a contract which you both agreed to. They are a big company, and you are just an individual person, so your bargaining power is pretty minimal compared to them, and basically amounts to "take it or leave it". So you buy a thing on their terms. Some term of the contract later turns out to be unclear, so you ask them to clarify it. Is the clarification they provide going to be beneficial to their interests or yours? Theirs, obviously.

Stallman's interpretation of the GPL in the case of uncertainty or lack of clarity is going to be to read it in such a way as serves his goals: making sure there is more free software in the world, and protecting the Four Freedoms. A corporate lawyer working for Oracle is going to interpret unclear provisions in a perhaps rather more conservative way, especially if it financially benefits Oracle. The fact Stallman wrote the license doesn't give him any particular special hermeneutical status when working out how a court will interpret it.

"Hey, just trust us" isn't useful either, because there's a difference between being asked to trust randomhacker849 and being asked to trust a multinational megacorporation like Google or Oracle. While randomhacker849 may follow the broad spirit of any particular open source licence and expect licensees to follow the broad spirit too, I'm pretty sure Oracle are going to follow the exact letter if doing so is in their financial interest.

The whole point of legal instruments is the need for trust is reduced because you have rights and obligations that a court will enforce. And the whole reason we turn agreements into written legal texts is precisely because "hey, just trust us" doesn't scale—when millions or billions are on the line, you want those agreements formalised.

(I included Apache and Mozilla because they represent examples of open source non-profit foundations, not because they use the GPL, incidentally. Other than GNOME and FSF, most of the projects that have their own foundation—LibreOffice's Document Foundation, Perl, Python, Mozilla—have permissive licenses rather than copyleft. The point isn't about the wording of the text, but more the question of "if I were going to rely on a disputed bit of license text in my use of this software, what risk would I face of litigation?"... and that risk differs considerably between randomhacker849, a non-profit foundation, Stallman/FSF, and a huge scary litigious corporate beast like Oracle.)

lawtalkinghuman··on I enforced the AGPL on my code
> If you engage the GPL community in good faith, things will work out fine with minimum fuss.

Who is the "GPL community"?

Stallman and FSF/GNU/SFLC? Linus Torvalds? A non-profit foundation like Apache/Mozilla/GNOME? A community of enthusiasts with a web forum and a GitHub org? A random solo author library of a random JS package on GitHub? Google? Microsoft? Oracle?

Because the sort of intuitive risk feelings I'd have for each differ quite considerably.

lawtalkinghuman··on Bolivia's socialists claim victory as unofficial count shows big win
On the one hand: genocide.

On the other: Volkswagens!

There are clearly two sides to the debate here. /s

lawtalkinghuman··on Bolivia's socialists claim victory as unofficial count shows big win
"In Villa Grimaldi detainees would be electrocuted, water boarded, had their heads forced into buckets of urine and excrement, suffocated with bags, hanged by their feet or hands and beaten. Many women were raped and for some detainees, punishment was death."

https://www.amnesty.org/en/latest/news/2013/09/life-under-pi...

lawtalkinghuman··on Show HN: I Made an iMessaging API
You also made it three months and five months ago...

https://news.ycombinator.com/from?site=sendblue.co

lawtalkinghuman··on Y Combinator Failed Startups
Presumably, since failing in Silicon Valley is widely seen as a good thing, this should be seen as a step on the path to enlightenment.
lawtalkinghuman··on Y Combinator Failed Startups
One of the companies on the list took consumer crowdfunding money from IndieGoGo and failed to deliver, and said IndieGoGo buyers "eventually stopped receiving communication" from the company.

But one shouldn't mention the names of the founders because future crowdfunders being able to look them up for the purpose of due diligence and deciding whether to invest their hard-earned dollars in their next venture would be unethical.

(I'd imagine both the law on, and attitudes to, online privacy would be in a much different place if people in Silicon Valley exercised the same level of empathy for all those pesky end users as they always find in droves for the saintly and well-intentioned startup founders.)

lawtalkinghuman··on Cloudflare keeps sending emails over a year after account was cancelled
If that person is a publicly-traded company with hundreds of millions in revenue, and "taking your pencil" is failing to adhere to their obligations under privacy law, yeah, maybe public shaming isn't too bad.

I mean, I know in America, corporations are people and even have constitutionally-protected religious beliefs, but I'm sure Cloudflare will, with enough counselling, cope with the trauma of some mild public shaming.

lawtalkinghuman··on Cloudflare keeps sending emails over a year after account was cancelled
> we have GDPR in order to punish intentional bad behavior, not to prosecute incompetence

Nope. It is to protect users.

Users are harmed by both intentional bad behaviour and incompetence. This is the same principle as strict liability for product faults.

lawtalkinghuman··on Cloudflare keeps sending emails over a year after account was cancelled
"Oh, my private data got leaked all over the darkweb, but it is fine because the company that collected it is merely incompetent rather than malicious", said nobody ever.
lawtalkinghuman··on Cloudflare keeps sending emails over a year after account was cancelled
If Cloudflare can't get an email unsubscribe process to be GDPR compliant, should you trust them to handle the many far more privacy-relevant things they offer as a company...?
lawtalkinghuman··on Cloudflare keeps sending emails over a year after account was cancelled
The UK's ICO is remarkably ineffectual, sadly.
lawtalkinghuman··on Bill to tear down federal courts’ paywall gains momentum in Congress
All EU legislation (Treaties, Directives, Regulations etc.) and case law (decisions of the Court of Justice, and the GC & CST) are up on a website called EUR-LEX, usually in both HTML and PDF, and in every official language of the EU (at the time that the legislation or decision was made—earlier documents aren't retroactively translated into languages of countries that have joined subsequently).

https://eur-lex.europa.eu/

Example of a CJEU decision: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61...

Example of legislative text (a Directive): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32...

If you are comparing it with PACER, there are some differences - PACER contains loads more documents than you get on EUR-LEX including lots of procedural stuff, filings, and so on, while EUR-LEX only tends to have the court opinion, the Advocate-General opinion, and maybe a bit of procedural stuff, but not much else.

This is because the CJEU is in practice a court that only deals with matters of law that have been referred from a national court (or from another EU institution, like the Commission). Comparing the CJEU and a US federal district court is comparing apples with oranges.

lawtalkinghuman··on Apple Disabling 'Sign in with Apple' for Epic Games on September 11
30% is the same amount Google takes from the Play Store.

Also, OP is stating that the only reason people buy iOS is because they're some kind of idiot fashionista sheeple etc. I was merely pointing out that there are compelling reasons to prefer iOS beyond, I dunno, the magic mind-control powers of the ghost of Steve Jobs.

lawtalkinghuman··on Smartphone cameras struggle to capture San Francisco's orange sky
You can also use a camera app with more settings like ProCam which lets you set the white balance manually.
lawtalkinghuman··on Theranos’ Holmes May Pursue ‘Mental Disease’ in Her Defense
The article hints at it:

> [Mindy] Mechanic is an expert on the psychosocial consequences of trauma, with a focus on violence against women, and often provides expert testimony in cases involving “interpersonal violence,” according to her faculty profile on the school’s website.

lawtalkinghuman··on Apple Disabling 'Sign in with Apple' for Epic Games on September 11
Yeah, much easier to dismiss iOS users as fashion-conscious shiny-obsessed sheep rather than maybe talk to some iOS users and understand what exactly they prefer about the platform they use.

Because I rather like the fact the iOS devices get OS updates for about twice as long as Android devices. Android security was also a pretty bad joke for a very long time—it has started to change, but there's only so much they can fix. Google would release an OS (or even a security) update, then you'd have to wait for both the OEM and the network provider to pass the update on to end users. Google are changing this with security patches, but there's still a lot of Android devices running old versions with no prospect of any new features coming any time soon.

In iOS land, there's no OEM or network intermediaries (something Apple insisted on in all deals with networks from the first iPhone), so generally takeup of a new iOS version happens really promptly - as of June 2020, 81% of iOS users are on iOS 13.* That's good for the health of the platform as app developers can build on top of new OS features knowing a reasonable number of actual users can use those new features.

Also, there are a whole variety of suppliers of Lightning cables. Go to Amazon and search "MFi certified lightning cable".

* https://www.statista.com/statistics/565270/apple-devices-ios...

lawtalkinghuman··on Apple countersues Epic, seeks punitive damages
...and the proposal was to split it out, so at that point it would no longer be "included in the price".
lawtalkinghuman··on I still use WordPerfect 6.2 for DOS
> Will actively block JS from loading in browser. It makes for a 'unique' browsing experience

It is unique in the sense that it has far fewer crappy paywalls, cookie consent windows, annoying "sign up to our mailing list" spam, tracking scripts, adverts, cryptocurrency miners, and pointless shit nobody cares about. Less RAM usage too.

With NoScript, turn off JS for most sites, then make exceptions for the sites that need it. Generally, it is a much better experience.

lawtalkinghuman··on Apple countersues Epic, seeks punitive damages
The app store: now with the usability of US sales taxes.
lawtalkinghuman··on Apple countersues Epic, seeks punitive damages
BonziBuddy for iOS is what the world is crying out for.
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