Tanner Andrews’s Techdirt Profile

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  • Mar 23rd, 2021 @ 1:10am

    Fairly broad definition

    Anything within 100 miles of a border (or port) [or international airport]

    At this point, I am hard-pressed to think of anywhere in the state that would not be considered within the ``border'' exception. Indeed, I can think of few populated areas within the entire country which would be outside of the nebulous ``border'' zone.

  • Mar 21st, 2021 @ 5:11pm

    Re: Charming

    Rather than face the fact that racism and other forms of bigotry aren't as socially acceptable any more ...

    Perhaps you mean to say that ``rather than imagining that racism and other forms of bigotry aren't as socially acceptabe any more''. Because from the most recent presidential election, we had over 70 million folks coming out and saying that these things are sufficiently acceptable to not be disqualifying for a candidate.

    Not saying that all the seventy-million-plus voters like racism and bigotry. Just that they did not find it sufficiently problematic to prevent them from casting their votes. I also observe that a great portion of the U.S. Congress do not appear to find it unacceptable, even when it leads to armed insurrectionists levying war against the Federal government.

  • Mar 21st, 2021 @ 12:48pm

    Re: [mood altering drugs]

    they’re not exactly utopian in reality

    Maybe not, but there are a whole lot of people who actively seek them out and consume them. Indeed, some are so popular that there is a black market for them.

  • Mar 21st, 2021 @ 12:18am

    Re: Re: Re:

    Unless the law also shuts down phone services

    A lot of phone services operate over the internet. Indeed, it may be cheaper to have a good internet connection than to bring enough T1 lines to operate the boiler room.

  • Mar 21st, 2021 @ 12:10am

    Re: Re: Re: Not sure EA is the problem...

    I just know how to read. Try doing that.

    Congratulations on learning how to read. Next step is applying that education: overview, Using Name or Likeness

    Note: I am not a lawyer.

    Yeah, it shows. But even being one might not help. The actual implementation of name-and-likeness will vary from state to state and there is no ready way to keep them all straight. But at least using your vaunted ability to read will give you a start.

  • Mar 19th, 2021 @ 9:02am

    Re: IN ALL OF THIS

    wasnt there a invoice for Goods received?

    Normally, the cops are required to furnish a list of materials taken pursuant to the warrant. That list may be given to the person in charge of the premises or left in a prominent place if there does not appear to be anyone present or in charge.

    Not saying that the cops always do that. And certainly I would not want to be charged with claiming that the same Bay County sheriff's department which appears to have stolen the goods was otherwise prone to comply with the requirements of law.

  • Mar 19th, 2021 @ 8:59am

    Re:

    You’ve been trolling this site for a decade because someone quoted Barack Obama at you

    You have to commend Mr. Stone for his investigative persistence. How many people would go to the effort to track history for 10 years in order to find motivation of, and respond to, a troll?

  • Mar 19th, 2021 @ 7:53am

    Do You Really Need the Rest of the Article to Decide

    FBI agents shut down the recordings.

    That ought to tell you pretty much all you need to know about the legitimacy of the raid.

    The fact that the FBI neither records nor permits recordings of their interrogations of suspects may also be instructive as to their reliability. FBI agents rely on their notes rather than biased sources such as recordings.

  • Mar 19th, 2021 @ 7:47am

    Re: Re: [unclear]

    I generally support Palestinians

    Good, then you will be able to explain: what is a ``Palestinian''. It cannot be based on geography unless you carve out an exception following WW2. And it cannot be based on religion, unless it excludes Mohammadens, because many of them live in Israel.

    Used to be, it was loosely defined as being a member of the PLO, a group whose main stated goal was the destruction of Israel. But that group has largely folded.

    So, pray tell us, what is a ``Palestinian''.

  • Mar 18th, 2021 @ 7:50pm

    Re:

    Western District of Texas of Waco

    Odd, it was the Eastern District in Marshall that was getting all the patent troll business.

  • Mar 18th, 2021 @ 4:52am

    Re: Re: Re: Re: [not so rare]

    There have been other documented cases where prosecutors have actually hid evidence that would have proven that the person they were going after was innocent.

    Yes, this is common enough that they have a name for it: Brady material. As in Brady v. Maryland, 373 U.S. 83 (1963).

  • Mar 17th, 2021 @ 7:43pm

    Sounds Like

    Supervisors should consider the preservation of evidence as secondary to the safety of the public and department personnel.

    That sounds like a spoliation instruction coming up. The family of the deceased is going to make sure the jury hears this bit loud and clear, and the judge is likely to instruct the jury that if the party who should have preserved the evidence did not, then it ought to be presumed that the lost evidence would have been unfavorable.

    The neat thing would be if this also fell into the hands of the public defenders in that town. Every cop who testifies may be subject to inquiry as to his training, and as to whether he followed that training, and whether this was in his training.

  • Mar 15th, 2021 @ 5:34am

    Re:

    If we automatically assume cops are unreasonable by default, what does that say about the population from which cops are recruited?

    If we assume cops are unreasonable, it means we were paying attention.

    If cops were reasonable people I could not point you to this: naked cowboy.

  • Mar 11th, 2021 @ 10:25pm

    Re: Not sure EA is the problem...

    If Reuters or AFP or ABC or NPR want to report on a player's progress (or even show video) they owe nobody anything

    That is news reporting. If I stick my head into a City Commission meeting, you can take pictures, quote me, even opine about the views I express.

    On the other hand, making a fictional movie or game about me, using my likeness as part of the reason to watch or buy, then you probably owe something. Good-looking people even charge for the privilege of taking and publishing pictures of them, giving what is called a ``model release'' in return for money.

  • Mar 11th, 2021 @ 1:55am

    (untitled comment)

    the open question is whether any of what LiveCampusTours does actually violates a school's trademark

    The trademark claim as to listing and depicting schools is particularly weak. If I sell cold drinks, I will surely list the brands of cola I stock: Coke, Pepsi, RC, Jolt, whatever. I am using the brand names to denote products from particular vendors, which is exactly the intended use for trademarks.

    I can go farther, and sponsor the "Jolt Challenge", wherein I ask people to compare one brand to another, ane name the brands. Even if I am not associated wth one or more of the brands being offered, I can show their products and allow potential customers to compare.

    I see no userful distinction here. Yes, pushing back will surely cost the virtual tour company some money. Bringing suit in Federal is not cheap. However, being shut down by delicate flower arranging schools is also bad for the business model.

  • Mar 9th, 2021 @ 1:36am

    Re:

    I mean if a regular person pulled this shit they'd be in jail

    Probably not. They may run up a large legal bill which they have to pay from their own resources. Large corps and wealthy but think-skinned individuals can manage this. Congressmen can use donations to fund their portions, and may be able to pervert the DOJ to assist with the discovery, but that is mostly a question of who pays, not what [stunts are] being pulled.

  • Mar 3rd, 2021 @ 11:48pm

    Re: Re:

    You won't have part time lobbyists, so you'll just shift power and experience to shadowy private actors instead of elected officials

    Already done. See American Legislative Exchange Council for more information.

  • Mar 3rd, 2021 @ 11:34pm

    Re: Re:

    The way tort law is built encourages abuse of civil law as a significant source of revenue in itself. Encouraged, of course, by lawyers eager to demonstrate their worth to the company in the form of hours billed.

    Not really. In the US, tort law generally follows the "American Rule", which is that each side pays its own attorneys. Arcambel v. Wiseman, 3 U.S. 306 (1796).

    Normally, companies are defendants, not plaintiffs. Companies do not slip and fall; neither are they struck by careless drivers or burnt when a gas tank explodes. Companies are thus not receiving compensation or other revenue from torts. So every dollar spent on billable hours is value lost to the company.

    As a result, corporations usually concentrate their lobbying efforts on what is interestingly enough called ``tort reform''. There are great piles of money being exchanged in Tallahassee[*], even as we speak, between corporate lobbyists and legislators, because the corps want to buy, and the legislators want to sell, exemptions from liability for misconduct.

    --

    [*] Other states may also have coin-operated legislators. Ours merely demonstrates the benefits of having a single party in control of both houses, together with the executive and judicial branches, with that party remaining for decades.

  • Feb 28th, 2021 @ 4:47am

    (untitled comment)

    Fortunately, it could have the support from literally every citizen in the state of Illinois and it still wouldn't matter. Banning the game would be plainly unconstitutional

    It would also be unnecessary. If everyone was opposed to the game's distribution, they would not purchase it, and the effect would be what was desired: no sales of GTA in the state.

    Neither is this particularly unreasonable. There are said to be many projects which fail to achieve sufficient sales to be successful. We call that a ``marketplace', and some even celebrate it.

  • Feb 28th, 2021 @ 4:41am

    Re:

    These clowns are going to drive their country back into the pre-internet dark ages

    They tried it in Kashmir, and Grand Poo-Bah Narendra ``Dehati Aurat'' Modi seemed satisfied with the results. Why not do it on a larger scale?

    From the outside, this actually would seem a good thing. How many calls per day do we receive from boiler rooms in India, Pakistan, and Bang-the-Desk, offering to lower credit card rates, extend auto warranties, or help with windows problems?

    Depending on where you are located, speaking softly to the scammers for a little bit, and then firing a boat horn into the phone, may be a good plan. If you are in an area where a loud noise would be a problem, do not try this.

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