This will be struck down on freedom of speech grounds the moment it gets challenged in court. Why not pass a bill to make into law that politicians must pass a proficiency certification on the US constitution insted? Seems like it would eliminate the excuse for republicans who keep passing and enacting blatantly visible unconstitutional laws and would save taxpayers millions in pointless litigation of the obvious.
Her argument fails to address the fact that she wasn't targeting reasonable people, it was targeting republicans. Those are people who have embraced Trump's wacko conspiracy "nutjobery" as gospel.
They are the furthest you can get from a "reasonable member of the public" and she was fully aware of it when she paraded the media and filed that lawsuit. That is textbook defamation.
I'm looking forward to the judge's opinion on this its going to be interesting if not completely devastating. She just admitted to filing a lawsuit in bad faith, even if the judge were to buy her argument at a minimum she is opening herself to sanctions and even disbarment.
That is not a great argument. Sure NASA might be the creator of the images therefore a public funded creation that should by default be public domain but things get murkier with images not from public institutions. Going to a site usually gives boilerplate copyright notice on some corner but it doesn't necessarily gives reliable info on who really owns images and who is just licencing them. So it is a heavy burden to shift to the consumer since there is no good centralized database on who holds copyright to what. Its time we at least agree tgat copyright gives insanely powerful protections and rights for free and a huge burden to society. It should be balanced to at least require honesty. Those misrepresentations of ownership by Getty are fraudulent on their face.
That is not what they are doing though, they are not saying they don't have a mandate or authority there, in fact they are claiming the opposite. They are effectively putting the CBP, Homeland Security and the Judicial system above the constitution rather than operating within its confines.
When you start crunching the numbers most of the US citizens live within 100 miles of a border. Going by that they have already set a precedent of operating above the constitution without having congress discuss and potentially amend the constitution so citizens can keep their rights wherever they live.
Its a testament to the disconnect from reality our government has that we even consider legal the elimination of the US constitution on the lands adjacent to our borders at all. This is a constitutional crisis, we should not tolerate even a single square kilometer of our nation to be without the protection of our constitution. We are great as a nation because we choose to defend and uphold the constitution for every citizen, without this we aren't truly free.
What is the point for any of this if our own peope end up suffering rather than being safe?
I think its a matter of who is getting smacked down and who is the victim. As you already know copyright holders get away with a lot of false claims yet no one lifts a finger. Given this this common trend the fact that someone attempts to do the same the same to Disney (A ridiculously active lobbyist for copyright maximalism) then he gets the book thrown at him almost immediately raises some concern and might hint at inequality in the application of the law.
This guy really needs to get his professions right, what he describes is not journalism its what a spokesperson does. Here is a hint to help him out!
The key difference is who pays you for the work. If the person in power is paying you, you are a spokesperson. If a news organization or the public are paying you, it usually means you are a journalist. Just ask yourself this, whose interests am I serving with my work? If you are not serving the public interest you are not a journalist.
You must be someone related to the problem. That is the only reason I can think why someone would defend the patent system like it is perfect. Invent something or know someone who did and the problems become painfully clear. In essence only big companies can afford to invent new stuff because patents make the initial costs too high.
So tell me then what do we do when a car breaks down and there is no Certified dealer around walk because the right thing to do is tow to a distant dealer instead to the nearest mechanic? What about when a car manufacturer goes under? do we lose the ability to repair our property? Screw that!
Ecuating a TOS with due process? Have you ever read one? They cover everything under the sun that could mean liability for companies and place burdens squarely on customers. If due process was anything like this there would be rioting on the streets.
A prosecution system that measures itself by their conviction rate is the heart of the mater. Justice as a possible byproduct of prosecution is a really bad system to begin with. Ortiz should be only concerned with finding the truth of the cases. Considering an acquittal or sometimes a dismissal because there is no actual crime or the accused is actually innocent should be considered a win too for the legal system.
There is also the fact that intimidation/coercion to admit guilt to outlandish charges from the prosecution feels exactly the same as being coerced by thugs on the street or bullied by peers. It certainly can push someone over the edge if he/she is already depressed. Some consideration should be given to that we are all human after all. Pretending to follow rules like mindless machines is no excuse. It certainly won't bring Aaron back or appease the family's sorrow.
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Teachable moment perhaps?
This will be struck down on freedom of speech grounds the moment it gets challenged in court. Why not pass a bill to make into law that politicians must pass a proficiency certification on the US constitution insted? Seems like it would eliminate the excuse for republicans who keep passing and enacting blatantly visible unconstitutional laws and would save taxpayers millions in pointless litigation of the obvious.
There is a problem with her defense...
Her argument fails to address the fact that she wasn't targeting reasonable people, it was targeting republicans. Those are people who have embraced Trump's wacko conspiracy "nutjobery" as gospel.
They are the furthest you can get from a "reasonable member of the public" and she was fully aware of it when she paraded the media and filed that lawsuit. That is textbook defamation.
I'm looking forward to the judge's opinion on this its going to be interesting if not completely devastating. She just admitted to filing a lawsuit in bad faith, even if the judge were to buy her argument at a minimum she is opening herself to sanctions and even disbarment.
Re: Re: Oh, come the fuck on
That is not a great argument. Sure NASA might be the creator of the images therefore a public funded creation that should by default be public domain but things get murkier with images not from public institutions. Going to a site usually gives boilerplate copyright notice on some corner but it doesn't necessarily gives reliable info on who really owns images and who is just licencing them. So it is a heavy burden to shift to the consumer since there is no good centralized database on who holds copyright to what. Its time we at least agree tgat copyright gives insanely powerful protections and rights for free and a huge burden to society. It should be balanced to at least require honesty. Those misrepresentations of ownership by Getty are fraudulent on their face.
Re: Re: The erosion of the american way of life continues
That is not what they are doing though, they are not saying they don't have a mandate or authority there, in fact they are claiming the opposite. They are effectively putting the CBP, Homeland Security and the Judicial system above the constitution rather than operating within its confines.
When you start crunching the numbers most of the US citizens live within 100 miles of a border. Going by that they have already set a precedent of operating above the constitution without having congress discuss and potentially amend the constitution so citizens can keep their rights wherever they live.
The erosion of the american way of life continues
Its a testament to the disconnect from reality our government has that we even consider legal the elimination of the US constitution on the lands adjacent to our borders at all. This is a constitutional crisis, we should not tolerate even a single square kilometer of our nation to be without the protection of our constitution. We are great as a nation because we choose to defend and uphold the constitution for every citizen, without this we aren't truly free.
What is the point for any of this if our own peope end up suffering rather than being safe?
Re:
I think its a matter of who is getting smacked down and who is the victim. As you already know copyright holders get away with a lot of false claims yet no one lifts a finger. Given this this common trend the fact that someone attempts to do the same the same to Disney (A ridiculously active lobbyist for copyright maximalism) then he gets the book thrown at him almost immediately raises some concern and might hint at inequality in the application of the law.
He should be picking up a dictionary...
This guy really needs to get his professions right, what he describes is not journalism its what a spokesperson does. Here is a hint to help him out!
The key difference is who pays you for the work. If the person in power is paying you, you are a spokesperson. If a news organization or the public are paying you, it usually means you are a journalist. Just ask yourself this, whose interests am I serving with my work? If you are not serving the public interest you are not a journalist.
Re: Uh no duh, genius
You must be someone related to the problem. That is the only reason I can think why someone would defend the patent system like it is perfect. Invent something or know someone who did and the problems become painfully clear. In essence only big companies can afford to invent new stuff because patents make the initial costs too high.
Response to: Anonymous Coward on Feb 11th, 2013 @ 10:10am
So tell me then what do we do when a car breaks down and there is no Certified dealer around walk because the right thing to do is tow to a distant dealer instead to the nearest mechanic? What about when a car manufacturer goes under? do we lose the ability to repair our property? Screw that!
Re: Re: Re: Re:
Ecuating a TOS with due process? Have you ever read one? They cover everything under the sun that could mean liability for companies and place burdens squarely on customers. If due process was anything like this there would be rioting on the streets.
Re:
A prosecution system that measures itself by their conviction rate is the heart of the mater. Justice as a possible byproduct of prosecution is a really bad system to begin with. Ortiz should be only concerned with finding the truth of the cases. Considering an acquittal or sometimes a dismissal because there is no actual crime or the accused is actually innocent should be considered a win too for the legal system.
There is also the fact that intimidation/coercion to admit guilt to outlandish charges from the prosecution feels exactly the same as being coerced by thugs on the street or bullied by peers. It certainly can push someone over the edge if he/she is already depressed. Some consideration should be given to that we are all human after all. Pretending to follow rules like mindless machines is no excuse. It certainly won't bring Aaron back or appease the family's sorrow.