1,471 karma · joined September 19, 2008
As far as I can tell, it doesn't say what you claim it does. There is no mention of burden of proof or prima facile case at all. It merely states that truth is an absolute defense, but that is only the case because it precludes the plaintiff meeting their burden of proof to show falsity.
Since you mention a distinction between private and public indviduals, I suspect you are confusing the issue of burden of proof with the "actual malice" standard, which must be met to establish defamation of a public figure but not a private figure. This is established by Supreme Court precedents Arthur v Sullivan and Getz v Robert Welch Inc, both of which are cited in the law review article I mentioned and both of which maintain falsity as a required element of the offense. (In case you were wondering, Supreme Court precedent trumps Circuit Court precedent in the US, so even if the case said what you claimed it would not be informative about the state of the law of defamation.)
Here's the wikipedia article: http://en.wikipedia.org/wiki/United_States_defamation_law
Here's a random scholarly article on the topic: http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=22...
I believe they do not support your position.
That being said, I'm not a lawyer and for all I know maybe you are, so perhaps I am failing to understand the issue.
That's not the case under US libel and defamation law. As with any other tort, the plaintiff has the burden of proof (and thus must prove, among other elements of the tort, that the statement was false). The UK and some other jurisdictions have a reversed burden of proof for defamation or libel, but not the US.
2) My recollection is that we talked about it around a year after Chrome was released. Chrome Beta release date: September 2, 2008 Date of WebKit2 announcement: Thu Apr 8, 2010 (after <1 year of development) I don't have records of the meetings where we walked though.
3) Does the reason for saying no affect whether our choice to make our own thing was reasonable?
I regret that this thread has turned into such a back-and-forth. It's not my goal to detract from the Blink announcement. I feel like it would be rude to leave you hanging on mid-thread. However, I feel like: (a) You are trying to argue with my version of specific events where I was present in person and you (as far as I recall) were not. (b) You are trying to argue with my stated motivations for decisions that I was part of and you were not. (c) You seem to want to assign blame.
Maybe my impressions are wrong. But given this, I find it hard to reply in a way that would be constructive and would not further escalate. I hope you will forgive me for not debating about it further.
Are you aware of the earlier conversation that occurred before we wrote any lines of code or even had a name? Where we talked about the possibility of just using Chromium's model if Google was willing to contribute it back? I have mentioned it twice - maybe you overlooked those parts of my remarks.
> Chromium's architecture was public and available, but we assumed it wasn't used because it didn't fit the needs of WebKit2. There's no malice in that. We designed Chromium from the beginning for SFI (as Adam tried to convey), and that incurs quite a bit of complexity.
It had nothing to do with SFI (which wasn't brought up at the time) or complexity. It was for the reasons I stated upthread.
To be clear, I do not consider Blink to be a hostile fork. I wish the Blink developers good luck & godspeed.
I don't know if the contents of these conversations were ever shared with the whole Chrome team as som Chrome people seemed super surprised at our announcement.
It is true that when we announced our effort, it came with a rough working prototype and not just an empty directory. Basically because we did not know if we could do it until we tried.
BTW I am not trying to pick a fight here. I think mikewest's comment gave the impression that Apple built a multiprocess architecture out of cussedness or NIH. But that's not how it was.
Google had the right to make their choices and we had the right to make ours.
Before we wrote a single line of what would become WebKit2 we directly asked Google folks if they would be willing to contribute their multiprocess support back to WebKit, so that we could build on it. They said no.
At that point, our choices were to do a hostile fork of Chromium into the WebKit tree, write our own process model, or live with being single-process forever. (At the time, there wasn't really an API-stable layer of the Chromium stack that packaged the process support.)
Writing our own seemed like the least bad approach.
If Google had upstreamed their multiprocess support, we almost surely would have built on it. And history might have turned out differently.
I'd also add that I disagree with Mike about the architectures being really different. In fact, they are quite similar in broad strokes, but with many differences in details (and with the significant difference that the Chromium model isn't in WebKit per se).
That is probably why you got down voted - your citation is factual, but completely misleading in context.
To address the specific example you mention here: the privilege of immunity from arrest for members of Congress cannot be infringed except for specific enumerated exceptions. It's not the kind if "privilege not a right" that may be arbitrarily harshly regulated that you were talking about.
The law is not stupid. Courts understand that words have more than one meaning and that context matters. Given how rude and condescending you have been on this thread, you should learn more about how constitutional law actually works.
[P]rivileges and immunities....are, in the language of Judge Washington, those rights which are fundamental. Throughout his opinion, they are spoken of as rights belonging to the individual as a citizen of a State....
Or were you claiming above that flying is one of those rights which are fundamental?
MPEG-LA even arranges patent licensing for some codecs not developed by MPEG, such as SMPTE VC-1.
They may have a vested interest in the royalty-bearing license regime but not necessarily in supporting any given codec family.
MPEG-LA did not claim to have all possible VP8 patents either.
Note that MPEG-LA is basically a group that sets up convenient one-stop licensing, there's no such thing as being a "member" per se. You can be part of any of their patent pools, or not, if you believe you have essential IP.