Yes the vast censor which causes dozens and dozens of extra comments to spring forth every time the subject comes up. You aren't censored. Your opinions are unpopular, but we discuss them, at length, EVERY. TIME.
Contracts require that each side is giving up something of value. Social media gives you access to their property. That is the 'consideration' they bring. Analogous Physical situations (museums, theme parks) explicitly understand that access can be revoked on the discretion of the property owner or their representative. The best compensation you could get is your consideration back. Normally that is money.
You don't pay facebook money. But at best the 'consideration' you provide is your content. Banning you involves stripping that content out of their site. If fact, that is the goal.
This gets right back to the point you were responding to. Either you aren't providing consideration, and therefore you can't rely on a contract, or your consideration, your thing of value, is your content. And if that consideration in the opinion of the property holder does not have value, or has negative value, they have a right to remove you to protect the value of the property. This is well adjudicated in the courts.
This is why free speech has long been the point of argument. You need a wedge to drive through long standing judicially recognized property rights and force new contract terms into the contract. Conservatives have been convinced free speech is that wedge as it was in the past for bigotted speech on TV, radio, and print. That you aren't even that far into the logic tells me how surface level your understanding of everything is.
Which requires an active subscription to an online service which may or may not be valueable to you. Nor do I have access to more than a handful of first party games, many of them are C or D tier. Yeah, having Metriod (Metriod 1) and Super metroid (Metroid 3) is great. It not so cool that I have to buy into an unrelated subscription service to access them. And not having Return of samus (Metroid 2 for the gameboy), Samus Returns (The metroid 2 remake), Fusion (Metroid 4) or Zero Mission (the far superior Metroid 1 remake), on current hardware, means I am absolutely playing most of these games illegitimately.
The online bonus games dropped to a trickle after they released SNES options. Its expanding whenever they feel like it. It doesn't include GBA or N64 games we used to get from the eshop, nor does it incorporate gamecube, a system which just begs for retro releases given its place as argueably more iconic than the N64 combined with the issues gamecube hardware has with native HD TV support. (i just want to play thousand year door nintendo....)
I don't think the existence of NSO NES and SNES classics disproves the core thesis, particularly as most Metroid games, including both remakes, including the most recent 2d release, the remake which serves as the basis for Metroid 5, Samus Returns, aren't available on the service.
the "Enter" key, representing the carriage return, has not been in vogue as a form navigation tool since the GUI was introduced. By windows 95, Tab was adopted as the form navigation key of choice.
I'm unsure why you thought differently.
There is no Ministry of Sport, so I'm not clear which body your ar referring to. It appears you are confusing appeals made to the minister of the interior with the Sweedish Sports Federation a quasi public entity that fills some Sweedish government functions in relation to sports.
Not much ink has been spilled on them in English, primarily because outside the connection to international football, they aren't a body that generally makes International news. But so far as I can determine, they hold as much authority as the state level sports commissions in the US, which could shut down sporting events pretty unilaterally for health concerns. Its a large part of why the WWE admitted the scripted nature of wrestling in the 90s, to avoid both steroid scandals and sports commissions.
Of course a quick google search could have told you that, and it really doesn't doesn't affect the story. But given how long you've been in a coma, I suppose your ignorance of google is understandable.
You’ve missed a key point. A company can’t prevent accidents. What it can do is make incidents harder to occur.
A padlock is never going to be perfect. The point is to add enough friction that a thief hopefully gives up or chooses not to attempt access in the first place.
Similarly, while we don’t know the details of the accident that started this mess, it can be assumed that the machine was turned on, by accident or on purpose, by a child messing around. A password lock can’t prevent the child from doing so. But it can prevent virtually all accidental attempts to turn it on, and hopefully make it harder for a 6 year old to intentionally start it up not understanding the risk. Hard enough that a 6 year old would go do something else.
I love how a vehicle the SCOTUS said should be released "immediately" is still having its release litigated over a year later in lower court. Over the very issue the SCOTUS had already ruled. How was there even a legal issue for the state supreme court to take up? The ruling cited the earlier rulings because the same issues are being presented.
I think it’s notable that the court literally cited the supreme court case about this very case that told the state it was wrong, and had to just go “Yo, your arguments haven’t changed. Why are you still here?”
For the other poor souls who can't articulate what is wrong with this analogy:
Your analogy uses the wrong entities. You analogy actually describes a scenario Techdirt has gone the other way on: High bandwidth usage by consumers. Techdirt has repeatedly noted that if users in the top 1% of usage are so excessive that it impacts network performance (congestion) and you need to charge them more, you can push them to business class usage rather than shift the entire network in a geographic area to capped usage plans. That if the concern was overusage of bandwidth (congestion), business class pricing makes more sense than capped and metered networks because capped and metered networks do not serve to reduce moment to moment congestion, just like no amount of limits on how much I am allowed to drive each month change when I have to drive to work and therefore my contribution to morning traffic.
But the situtation we see with Netflix (as an example) and comcast (my ISP) is different. I pay comcast to connect me to the internet. The only reason comcast gets my money is to return my requests for data from the internet.
Netflix Pays Cogent to deliver data at the request from users on other networks.
Netflix isn't using Comcast's bandwidth. I am. Aside from all the work Netflix does to reduce bandwidth strain, any strain on the Comcast network is on me, not Netflix. Asking Netflix to pay to access Comcast customers is asking Netflix to pay Comcast to fulfill the data request Comcast was already paid to deliver. Its classic double dipping. That's like me paying Fed Ex to ship my purchase, and then charging the store to deliver the package. That's the analogy. If the shipping charges they charged me are insufficient, they should raise prices. The issue is that asks uncomfortable questions about their "poverty".
It strains credulity that the FBI was aware a known suspected "child sexual exploitation offender" read an article about the violent attempted arrest of an accused Child porn offender in a narrow 30 minute time window and didn't have the information they were requesting. Its narrow framing only suggests they already have the real lead, and are looking for parallel construction, or are on a fishing expedition on a hunch. In either case, accessing the data of hundreds of innocent people is not consistent with fourth amendment jurisprudence and is overly broad. Either they had a lead, and at best they should only have been confirming a specific reader was present, or they were on a fishing expedition and it was even more overly broad. And after the backlash, they confirmed they had a different lead which resolved their case without the need for the overly broad subpeona.
But that’s not competition for consumers, is it? That’s competition over government contracts for major industrial scale r&d. That involves a completely different set of factors. many of them tying directly back to the issues described as the military industrial complex. The government is not a neutral consumer, particularly with Boeing. It’s the same reasons they are try8ng to give a 10 billion contract to Blue origin despite its lackluster success.
Samuel was commenting on competition over individual consumer choice relating to established ready to sell products and services. To shrink government bids on major projects down to consumer competition fails to understand why these things fail
Part of the issue is that a lot of the music is from gameplay, as in the accompaniment to the game actively being played. Swapping soundtracks would negatively impact that experience.
Yet during this week's news cycle, we have learned that the fact checkers are backing off of their previous decisions, which is something that can't actually happen. In other words, the fact checkers were fraudulently holding out their opinion as immutable fact.
Reading comprehension my friend. As stated in the article, Steam used to ban porn. (context you might be familiar with: Hunnie pop used to be censored to lewds and still is on GOG, and you had to restore the nudes content by modding for this reason) Steam supposedly took a hands off approach a few years ago. Steam is defining this game as porn without nude content at this point, which is why this is getting written up.
Let me walk you through this, since you managed to read the article and not understand.
The article title tells you this article is about the DMCA. The DMCA is a US Law. You should assume US Law applies to the statements from the developer I was responding to.
Seriously, every time a DMCA case with a a foreign connection comes up one of you chucklefucks comes around and drops the childish "Why does US law apply" troll despite the entire article centering around US Law, because the DMCA is entirely US Law.
Precedent is pretty solid on this one. Reverse engineered code is not copyright infringement, as set forth in the landmark Atari versus Nintendo. Reverse engineering code is listed as needing to be fair use, otherwise it breaks the Idea/Expression dichotomy.
Otherwise known as the Tengen case, a pretty clear precedent exists. Assuming the source code was developed with "clean hands", and the github only hosts the code, not the still under copyright assets, it is not infringing.
I think the financial disaster of failing a probationary period in a merger is exactly the consequences needed to ensure promises aren't made that won't be kept. Ruin the CEOs, ruin the companies, and let their smoking ruin be a warning to investors that a merger doesn't mean explosive profits.
At the time it was a theoretical social media network without any concrete details. Now its a theoretical social media network with an applicable TOS that we can now assess?
Not what is being discussed...but I’d note that A) they got a cash payout this year, but no benefits and no one hired after that announcement is likely to get what sounds like a one time payoff.
B) cash is less useful than a benefit. Your landlord can raise your rent and take cash. It can’t take your company healthcare
C) no raises are being given. Benefits are replaced with a 10% profit share, a retirement plan whose value is unknown and provides little immediate benefit. This was not an “incorporation of benefits into salary” it was a one time cash bonus in the value of a years worth of medical benefits, and afterwards a pay cut.
Re:
Yes the vast censor which causes dozens and dozens of extra comments to spring forth every time the subject comes up. You aren't censored. Your opinions are unpopular, but we discuss them, at length, EVERY. TIME.
Re: Re: Re: Platforms Can't Claim the 1st
Contracts require that each side is giving up something of value. Social media gives you access to their property. That is the 'consideration' they bring. Analogous Physical situations (museums, theme parks) explicitly understand that access can be revoked on the discretion of the property owner or their representative. The best compensation you could get is your consideration back. Normally that is money.
You don't pay facebook money. But at best the 'consideration' you provide is your content. Banning you involves stripping that content out of their site. If fact, that is the goal.
This gets right back to the point you were responding to. Either you aren't providing consideration, and therefore you can't rely on a contract, or your consideration, your thing of value, is your content. And if that consideration in the opinion of the property holder does not have value, or has negative value, they have a right to remove you to protect the value of the property. This is well adjudicated in the courts.
This is why free speech has long been the point of argument. You need a wedge to drive through long standing judicially recognized property rights and force new contract terms into the contract. Conservatives have been convinced free speech is that wedge as it was in the past for bigotted speech on TV, radio, and print. That you aren't even that far into the logic tells me how surface level your understanding of everything is.
Re: Re: BTW, Timmy G...
Which requires an active subscription to an online service which may or may not be valueable to you. Nor do I have access to more than a handful of first party games, many of them are C or D tier. Yeah, having Metriod (Metriod 1) and Super metroid (Metroid 3) is great. It not so cool that I have to buy into an unrelated subscription service to access them. And not having Return of samus (Metroid 2 for the gameboy), Samus Returns (The metroid 2 remake), Fusion (Metroid 4) or Zero Mission (the far superior Metroid 1 remake), on current hardware, means I am absolutely playing most of these games illegitimately.
The online bonus games dropped to a trickle after they released SNES options. Its expanding whenever they feel like it. It doesn't include GBA or N64 games we used to get from the eshop, nor does it incorporate gamecube, a system which just begs for retro releases given its place as argueably more iconic than the N64 combined with the issues gamecube hardware has with native HD TV support. (i just want to play thousand year door nintendo....)
I don't think the existence of NSO NES and SNES classics disproves the core thesis, particularly as most Metroid games, including both remakes, including the most recent 2d release, the remake which serves as the basis for Metroid 5, Samus Returns, aren't available on the service.
Re: Re: Platforms Can't Claim the 1st
Koby after the case is thrown out:
<insert pincipal skinner>
"Is it possible I am ignorant of the state of the law in the US?"
"No, its the judges who are wrong"
Re: Re: Where's the context?
the "Enter" key, representing the carriage return, has not been in vogue as a form navigation tool since the GUI was introduced. By windows 95, Tab was adopted as the form navigation key of choice.
I'm unsure why you thought differently.
There is no Ministry of Sport, so I'm not clear which body your ar referring to. It appears you are confusing appeals made to the minister of the interior with the Sweedish Sports Federation a quasi public entity that fills some Sweedish government functions in relation to sports.
Not much ink has been spilled on them in English, primarily because outside the connection to international football, they aren't a body that generally makes International news. But so far as I can determine, they hold as much authority as the state level sports commissions in the US, which could shut down sporting events pretty unilaterally for health concerns. Its a large part of why the WWE admitted the scripted nature of wrestling in the 90s, to avoid both steroid scandals and sports commissions.
Of course a quick google search could have told you that, and it really doesn't doesn't affect the story. But given how long you've been in a coma, I suppose your ignorance of google is understandable.
Re: (as )
You’ve missed a key point. A company can’t prevent accidents. What it can do is make incidents harder to occur.
A padlock is never going to be perfect. The point is to add enough friction that a thief hopefully gives up or chooses not to attempt access in the first place.
Similarly, while we don’t know the details of the accident that started this mess, it can be assumed that the machine was turned on, by accident or on purpose, by a child messing around. A password lock can’t prevent the child from doing so. But it can prevent virtually all accidental attempts to turn it on, and hopefully make it harder for a 6 year old to intentionally start it up not understanding the risk. Hard enough that a 6 year old would go do something else.
(untitled comment)
I love how a vehicle the SCOTUS said should be released "immediately" is still having its release litigated over a year later in lower court. Over the very issue the SCOTUS had already ruled. How was there even a legal issue for the state supreme court to take up? The ruling cited the earlier rulings because the same issues are being presented.
(untitled comment) (as )
I think it’s notable that the court literally cited the supreme court case about this very case that told the state it was wrong, and had to just go “Yo, your arguments haven’t changed. Why are you still here?”
Re: Re: Re: Re: Re: Re: Re: Re: 'Thank you Nintendo, may I have (as )
“Someone will steal your money, and by god that someone should be the copyright industry” - TP
Re: so....
For the other poor souls who can't articulate what is wrong with this analogy:
Your analogy uses the wrong entities. You analogy actually describes a scenario Techdirt has gone the other way on: High bandwidth usage by consumers. Techdirt has repeatedly noted that if users in the top 1% of usage are so excessive that it impacts network performance (congestion) and you need to charge them more, you can push them to business class usage rather than shift the entire network in a geographic area to capped usage plans. That if the concern was overusage of bandwidth (congestion), business class pricing makes more sense than capped and metered networks because capped and metered networks do not serve to reduce moment to moment congestion, just like no amount of limits on how much I am allowed to drive each month change when I have to drive to work and therefore my contribution to morning traffic.
But the situtation we see with Netflix (as an example) and comcast (my ISP) is different. I pay comcast to connect me to the internet. The only reason comcast gets my money is to return my requests for data from the internet.
Netflix Pays Cogent to deliver data at the request from users on other networks.
Netflix isn't using Comcast's bandwidth. I am. Aside from all the work Netflix does to reduce bandwidth strain, any strain on the Comcast network is on me, not Netflix. Asking Netflix to pay to access Comcast customers is asking Netflix to pay Comcast to fulfill the data request Comcast was already paid to deliver. Its classic double dipping. That's like me paying Fed Ex to ship my purchase, and then charging the store to deliver the package. That's the analogy. If the shipping charges they charged me are insufficient, they should raise prices. The issue is that asks uncomfortable questions about their "poverty".
Re: Re:
It strains credulity that the FBI was aware a known suspected "child sexual exploitation offender" read an article about the violent attempted arrest of an accused Child porn offender in a narrow 30 minute time window and didn't have the information they were requesting. Its narrow framing only suggests they already have the real lead, and are looking for parallel construction, or are on a fishing expedition on a hunch. In either case, accessing the data of hundreds of innocent people is not consistent with fourth amendment jurisprudence and is overly broad. Either they had a lead, and at best they should only have been confirming a specific reader was present, or they were on a fishing expedition and it was even more overly broad. And after the backlash, they confirmed they had a different lead which resolved their case without the need for the overly broad subpeona.
Re: Re: Well, whaddaya know? (as )
But that’s not competition for consumers, is it? That’s competition over government contracts for major industrial scale r&d. That involves a completely different set of factors. many of them tying directly back to the issues described as the military industrial complex. The government is not a neutral consumer, particularly with Boeing. It’s the same reasons they are try8ng to give a 10 billion contract to Blue origin despite its lackluster success.
Samuel was commenting on competition over individual consumer choice relating to established ready to sell products and services. To shrink government bids on major projects down to consumer competition fails to understand why these things fail
Re: Re: Re: If gaining value means you owe money...
Part of the issue is that a lot of the music is from gameplay, as in the accompaniment to the game actively being played. Swapping soundtracks would negatively impact that experience.
Re:
[citation needed]
Re: Wait...
Reading comprehension my friend. As stated in the article, Steam used to ban porn. (context you might be familiar with: Hunnie pop used to be censored to lewds and still is on GOG, and you had to restore the nudes content by modding for this reason) Steam supposedly took a hands off approach a few years ago. Steam is defining this game as porn without nude content at this point, which is why this is getting written up.
Re: Re: Historical Precedent is our guide
Let me walk you through this, since you managed to read the article and not understand.
The article title tells you this article is about the DMCA. The DMCA is a US Law. You should assume US Law applies to the statements from the developer I was responding to.
Seriously, every time a DMCA case with a a foreign connection comes up one of you chucklefucks comes around and drops the childish "Why does US law apply" troll despite the entire article centering around US Law, because the DMCA is entirely US Law.
Historical Precedent is our guide (as )
Precedent is pretty solid on this one. Reverse engineered code is not copyright infringement, as set forth in the landmark Atari versus Nintendo. Reverse engineering code is listed as needing to be fair use, otherwise it breaks the Idea/Expression dichotomy.
Otherwise known as the Tengen case, a pretty clear precedent exists. Assuming the source code was developed with "clean hands", and the github only hosts the code, not the still under copyright assets, it is not infringing.
Re: Re: Subject To Review
I think the financial disaster of failing a probationary period in a merger is exactly the consequences needed to ensure promises aren't made that won't be kept. Ruin the CEOs, ruin the companies, and let their smoking ruin be a warning to investors that a merger doesn't mean explosive profits.
Re: Re: Re: Even a single day will be pushing it
At the time it was a theoretical social media network without any concrete details. Now its a theoretical social media network with an applicable TOS that we can now assess?
Like the situation changed?
How is that hard to understand?
Re: Cutting benefits
Not what is being discussed...but I’d note that A) they got a cash payout this year, but no benefits and no one hired after that announcement is likely to get what sounds like a one time payoff.
B) cash is less useful than a benefit. Your landlord can raise your rent and take cash. It can’t take your company healthcare
C) no raises are being given. Benefits are replaced with a 10% profit share, a retirement plan whose value is unknown and provides little immediate benefit. This was not an “incorporation of benefits into salary” it was a one time cash bonus in the value of a years worth of medical benefits, and afterwards a pay cut.
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