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'Citizenfour' Producers Sued Over Edward Snowden Leaks

flopsquad Re:Cartooney. (161 comments)

I went back and skimmed the complaint and... a few things. One, the whole thing is (predictably) batshit crazy. Legit verbiage in what look like the right places, but saying "on information and belief" before "Nixon put space monkeys in my timecube" doesn't somehow make it uncrazy.

Two, turns out Snowden is a named defendant, and he is in big trouble for enriching himself with all this Russian hospitality.

Three, you're correct--this constructive trust idea (along with everything else in the complaint) has absurd consequences. It's a clever but completely untenable attempt to game the threshold questions (standing, jurisdiction).

3 days ago
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'Citizenfour' Producers Sued Over Edward Snowden Leaks

flopsquad Re:Cartooney. (161 comments)

Correct (IAAL*). He has suffered no legally cognizable injury or adverse effect (nor even a plausible connection to harm). So no standing.

Also, there is no legal theory under which he has a cause of action. In order for there to have been a tort, the defendants must have owed this guy a duty, then breached that duty, and that breach must've been the factual and proximate cause of actual harm. But Joe Random USA was an unknown, unforeseeable, causally unconnected nonparty who suffered no harm. Snowden et al owed him no duty, certainly not a fiduciary one.** So no tort.

What about his quasicontract theory of unjust enrichment? Maybe he's taking the term too literally. It's not simply that someone was enriched and you find it unjust. It's that you had a real or implied contract with the other party and they benefitted to your detriment. Did this guy half finish building Snowden a deck and then not get paid? No? Then he can't sue for unjust enrichment. Similarly, he couldn't, as a random citizen, sue on my behalf if I was the one who built the deck for Snowden. Nor could he sue North Korea for "unjustly enriching" themselves at Sony's expense.

*I am not your lawyer and this is not legal advice.

**Snowden may have owed the US govt a fiduciary duty, or duty of confidentiality or loyalty. But despite this guy being a retired naval officer, he is not the US govt.

3 days ago
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Colorado Sued By Neighboring States Over Legal Pot

flopsquad Re:Hope they win this case. (482 comments)

Err, NE for Nebraska, not NB for niobium....

about a week ago
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Colorado Sued By Neighboring States Over Legal Pot

flopsquad Re:Hope they win this case. (482 comments)

I don't think that the 11th Amendment has been interpreted to bar states from suing each other, just citizens of states (or foreign nationals) from suing states for monetary relief. See e.g. the water wars between GA and FL.

Note that even if the 11th was implicated in State v. State, it would only stop a suit for damages. Anyone can still sue a state (or its agent/official, etc) for prospective injunctive relief. So, exactly the kind of thing OK and NB want: "Hey CO, stop selling legal pot!"

about a week ago
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Sony Demands Press Destroy Leaked Documents

flopsquad Re:First amendment? (250 comments)

First amendment has nothing to do with this. The first amendment protects from criminal government prosecution, not reactions from private individuals/entities.

That's usually (roughly) the right answer when someone cries "But the First Amendment!" on Slashdot. However, your interpretation is too narrow.

In point of fact, the 1st Amendment does impose hard limits in other parts of the law, like defamation and copyright. It's not just about jackboots smashing our cameras.

The American version of Fair Use, for instance, is qualitatively stronger than the EU and most of the rest of the world. That's at least partly because the Supreme Court recognizes constitutional (1A) limits on how strong and absolute the restriction of speech is allowed to be.

All that is to say: First Amendment protection for journalism and dissemination of newsworthy/public interest speech will absolutely be a factor that a judge will explicitly weigh if any of this ever makes it into a courtroom.

about two weeks ago
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Uber Banned In Delhi After Taxi Driver Accused of Rape

flopsquad Culpability? (180 comments)

Let's take Uber at its word and accept that the "full range of safety mechanisms" was truly applied, and those mechanisms comport with contemporary acceptable standards for background checks in India.

If that is the case, and the guy came up clean but yet still went on to do X, how is Uber any more culpable than a taxi company hiring a cabbie with no record, who subsequently goes out and does X, or a tour company hiring a bus driver with a spotless background, who nonetheless does X?

about three weeks ago
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IoT Is the Third Big Technology 'Wave' In the Last 50 Years, Says Harvard

flopsquad Re:Thank God! ... (196 comments)

... Michael Porter isn't over-selling it. /sarcasm I imagine that his company has a vested interest in the IoT, so he's totally objective.

Well, to be fair, Michael Porter isn't selling anything. Didn't you read the headline? Harvard said all this stuff.

I share your General Meh** for the coming <blink>Internet of Things</blink>, but I'm really excited for the coming era of ubiquitous corporate anthropomorphism.

**You know, the legendarily indifferent warlord with the awesome chicken.

about three weeks ago
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Clarificiation on the IP Address Security in Dropbox Case

flopsquad Re:Need a logo (152 comments)

Love it

about 1 month ago
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Clarificiation on the IP Address Security in Dropbox Case

flopsquad Re:I don't get it... (152 comments)

1) I think Dice gets ad revenue based on page views, and... maybe posts per article factors in?

2) They know when they put up some dubious Bennett novella, we'll all swoop in and post "What the fuck?!"

3) ???

4) Profit?

about 1 month ago
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Clarificiation on the IP Address Security in Dropbox Case

flopsquad Re:Need a logo (152 comments)

We need a logo for posts that are just about swearing at Bennett. Dunce cap?

AC, that's a capital idea! I like dunce cap, but allow me to propose some alternative icons for Bennett articles:
- A hot air balloon
- A whoopie cushion
- The smiling poop emoticon
- Rageface
- That truck window sticker of Calvin peeing, but he's peeing on TFS

That's just a few off the top of my head. Feel free to add suggestions!

about 1 month ago
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Clarificiation on the IP Address Security in Dropbox Case

flopsquad First.... um... (152 comments)

...oh it's Bennett. Anyone else want to post here first? Anyone? Maybe you're all still reading the 28 paragraph TFS?

about 1 month ago
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Cops 101: NYC High School Teaches How To Behave During Stop-and-Frisk

flopsquad Re:police are good (481 comments)

Good trolling effort, but a bit too obvious. Better luck next time.

Yah wow, I mean if you're going to telegraph it, might as well go for trolling gold! Don't you have some unusually inflammatory opinions about Apple, Obama, copyrights, Edward Snowden, gamergate, race relations, SCO, systemd, climate change, and Israel?

about a month ago
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Halting Problem Proves That Lethal Robots Cannot Correctly Decide To Kill Humans

flopsquad Re:I think (335 comments)

Bingo! Parent's post is the definition of "Informative". There should be a mechanism by which enough mod points over +5 will turn a post into a sticky at the top of the discussion.

about a month ago
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UK Hotel Adds Hefty Charge For Bad Reviews Online

flopsquad Re:The TripAdvisor URL (307 comments)

new green flavor enhancer

Those croissants.... couldn't keep em down but they cured my syphilis!

about a month ago
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The New-ish Technologies That Will Alter Your Career

flopsquad Re:I liked the original title better (66 comments)

"5 Meaningless buzzwords not worth your time"

No, no, no, you'll never be a true Dice webditor with a headline like that. Try something like, "Which 5 Meaningless Buzzwords Are Least Worth Your Time??" or "5 Words That Give Kim Kardashian a Meaningless Buzz!"

Bonus points for correctly identifying embedded systems as a "weird old tip."

about a month ago
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World's Youngest Microsoft Certificated Professional Is Five Years Old

flopsquad Re:No big deal. (276 comments)

Put him on the kernel team and Linus accept a commit by him - *that* would be news. :-)

This kid could be ready to do just that by the time he's seven. Problem is, he won't be ready to read Linus' comments until he's seventeen.

about a month ago
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Will Lyft and Uber's Shared-Ride Service Hurt Public Transit?

flopsquad Re:This may be a good thing ... (237 comments)

During peek hour

That's one hell of a way to get people to ride public transit!

Wait, I'm getting something... PedantryBot, are you trying to tell me Shados meant "peak hour"?

about a month and a half ago
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The Students Who Feel They Have the Right To Cheat

flopsquad Re:Be the Change You Wish to See in the World (438 comments)

And no vicious hatred in the south persisting across generations and taken out on the only victims available.

I believe the vicious hatred stems more from brutal Reconstruction-era policies (much motivated by outrage at Lincoln's assassination) than from the war itself. The entire American South would've been much better off without John Wilkes Booth.

If anyone could've threaded the needle during that delicate time, it was Abe. Lincoln's successor, President Johnson, was no Lincoln, and squandered his political capital losing battles with the Radical Republicans. So you have multiple tracks of dominoes falling from the assassination, leading to a very vindictive (but also more staunchly pro-civil rights, which IMHO is the morally correct side of history) Reconstruction.

Also, offhand, I don't see how a gradual "free at birth" policy would operate in practice. Yes, on paper and in the aggregate, it could work. But what do you do with a generation of babies born to parents who are property? Who's going to raise these "free" children if not their enslaved parents? Who is going to ensure that these kids wind up independent and enfranchised? Knowing that (even to this day) a parent's wealth and ability to provide are major determinants of life outcome, how can you expect children born in captivity to actually escape the plantation, get an education or job, and actually live free lives? No, I think such a plan would've perpetuated de facto slavery for pretty much all southern blacks, well into the 20th century.

You can blame the Civil War, or (more accurately) what happened after the War, but it's wishful thinking to say it was "needless." More, even, to imagine that the deep rooted racial attitudes were caused by the War itself, and could somehow be mitigated by slowing southern blacks' path out of bondage.

about a month and a half ago
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After Silk Road 2.0 Bust, Eyes Turn To 'Untouchable' Decentralized Market

flopsquad Re:Yeah, that looks anonymous. (108 comments)

I'm a Gentile User, you insensitive clod!

about a month and a half ago

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