Domain: cfac.org
Stories and comments across the archive that link to cfac.org.
Comments · 6
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Recent Court Ruling
http://www.cfac.org/content/index.php/cfac-news/commentary20/
California Supreme Court decision, IFPTE, Local 21 v. Superior Court
Quote: "Significantly, the Court could have---but did not---limit its holding to employees earning over $100,000. While the justices no doubt were impressed by evidence of abuses and mismanagement concentrated at the high end of the public pay scale, they were careful not to ascribe any legal significance to the compensation threshold.
Similarly, the Court could have---but did not---limit its holding to local governments, like Oakland, that have a history of disclosing their employees' salaries, thus undermining workers' claims to a "reasonable expectation" of privacy in their government compensation."
Copyright? Nada.
CC. -
Re:No federal law, true...
The California Consitution also protects "A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed." Cal. Const., art. I, 2(b); accord Cal. Evid. Code 1070.
In addition, the Ninth Circuit has held that the federal constitution protects journalists, writing:
"What makes journalism journalism is not its format but its content. . . . The test . . . is whether the person seeking to invoke the privilege had 'the intent to use material - sought, gathered or received - to disseminate information to the public and [whether] such intent existed at the inception of the newsgathering process.' If both conditions are satisfied, then the privilege may be invoked."
http://cfac.org/CaseLaw/Cases/shoen1.html -
Re:There is no first amendment issue here
>In short, Apple is not attacking ThinkSecret.
>They are not being sued for damages. They are not being prosecuted at all.
Apple has sued Think Secret in a different lawsuit.
http://www.thinksecret.com/news/antislapp.html
> There has never been a clear and well-defined legal precedent for this supposed protection.
In Mitchell v. The Superior Court of Marin County, the California Supreme Court held: "We conclude that in a civil action a reporter, editor, or publisher has a qualified privilege to withhold disclosure of the identity of confidential sources and of unpublished information supplied by such sources."
http://cfac.org/CaseLaw/Cases/mitchell.html -
This is a fact
According to The Superior Court of Los Angeles County:
A license is not a contract, according to Rosenblatt v. Cal. St. Bd. of Pharmacy (1945) 69 Cal.App.2d 69 , 74 [158 P.2d 199] which stated that, "A license has none of the elements of a contract and does not confer an absolute right but a personal privilege
...." (Ibid) There is a clear distinction between a license and a contract, although respondent City correctly states the frequent misuse of words such as "license," "permit," and "franchise." -
Re:What I don't understand is...
That's incorrect. Trademarks are not functional equivalents for copyrights. Thus, it can't prevent you from creating derivatives. There was a case that dealt a little bit with this. You can read it here. It doesn't come up much, however, since the situation is rare.
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Re:Support the Bill of Rights!
Since "sweatshop" is a completely meaningless, derogatory term, Nike is being honest when they say they don't have any-- even if liberals say they do.
This is exactly the same situation as Nike saying "We make fine quality shoes" and liberals suing them because they insist their shoes are not fine quality and that Nike was deceptive in claiming they were.
Simply incorrect -- Kasky pointed to what he claimed were factual inaccuracies in Nike's statements. To wit:
The complaint alleges that, in the course of this public relations campaign, Nike made a series of six misrepresentations regarding its labor practices: (1) "that workers who make NIKE products are . . . not subjected to corporal punishment and/or sexual abuse;" (2) "that NIKE products are made in accordance with applicable governmental laws and regulations governing wages and hours;" (3) "that NIKE products are made in accordance with applicable laws and regulations governing health and safety conditions;" (4) "that NIKE pays average line-workers double-the-minimum wage in Southeast Asia;" (5) "that workers who produce NIKE products receive free meals and health care;" and (6) "that NIKE guarantees a ' living wage' for all workers who make NIKE products." In addition, the complaint alleges that NIKE made the false claim that the Young report proves that it "is doing a good job and ' operating morally.' "
And on the sweatshop thing-- the liberals hate sweatshops because they hate the poor. They'd ratehr that someone who makes $5 a day sewing shoes for Nike be reduced to making $1 a day scavaging rusted cans, or whatever.
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Because Liberals apparently never took economics.
This is kind of tangential to the central question -- whether Nike should be allowed to baldly lie in press releases -- but what the hell. I took econ. Here's how I see the situation: World labor is a buyer's market. The world has a copious supply of misery, poverty, starvation, and need. That means that when corporations go shopping for labor, it doesn't take much searching to find a land so destitute that people will beg to work for twelve hours a day in a toxic cess. There are so many poor countries, in fact, that only the really wretched ones get blessed with factories, and even they have to lower their expectations significantly (this is referred to as "racing to the bottom.")
Now the demand for labor is roughly inelastic -- Nike isn't just going to fold up and stop making shoes if it suddenly has to pay its workers a living wage; it'll just make less of a profit, and the rusted can scavenger you're so concerned about will make more money, which was what you wanted, right?
Recognition of the imbalance in the labor market (there are many more workers than companies seeking employees, and so competition on the worker's side is fiercer) guides American labor laws, which prevent workers from working for slave wages or in toxic factories even if they "want to" (i.e. are being forced to by market conditions) -- these policies don't ignore economics; in fact, they recognize and correct economic realities which you're ignoring.
you're trying to shut me up, just like liberals always do
I honestly have no idea what to make of this business about "liberals." Can you please give me an example of a liberal viewpoint that is correct, i.e. one that you agree with?
If you can't, which do you think is more likely: (a) That the liberals have managed to arrive reliably at the wrong answer to every problem they have ever been presented with, or (b) that something else is going on?
If (b), what?