You are mostly correct. Defamation is is one of the most popular causes of action when bringing a SLAPP suit. I would argue that any cause of action can be used to brign a SLAPP suit.
Look at Petswearhouse case where trademark is being used as a claim. The same thing that Terminex's parent used.
First, in most cases, only an attorney can represent a corporation.
Second, a party cannot collect attorney fees for their own time. Even if you are an attorney, you cannot get fees for your time handling your own lawsuit.
Half of it boils down to, We are not responsible for anything bad, even if we were warned about it and have a fix for it that we are holding on to sell as part of an upgrade.
Usually a court will not overturn a law, and will not in this case. The court will make a ruling on how to determine what is "A technological measure "effectively controls access to a work"
Is with the CDA, the entire law was not thrown out, just the parts that were questioned and found unconstitutional.
For any real effect, the trial court ruling has to be reviewed by an appeals court.
Just because you don't see it in the news does not mean that it is obscure. How many times do you see in the news, "Your electricity will have no problems today?" How many people did you tell, "my car started and ran fine without a problem?"
Many ATMs and cash registers run OS/2, but you don't hear about it because there is no problem.
False arrest is if the police arrests you with no basis (wrong person, or they were pissed off). It is hard charge to bring against the police as much of it is discressionary and you have to show an abuse of discression.
See the definition for for malicious prosection. Then read a piece from the Colorado bar on litigating an abuse of process claim.
And no, I am not a lawyer, but I am obviously better versed in the law than you.
Store gives you a much higher price on that item, when you arrive there.
Store makes accusations of fraud when you demand that they honor their advertising.
This is not a missing digit or misplaced decimal point, but is an intentional act. The point of multiple or punitive damages is to discourage future acts of a similar nature.
Usually there is no insurance available for a store committing fraud.
Why can't you sue them for the difference? And in a state with consumer protection laws that provide for 2X/3X damages, you can get that. If punitives are available, you may be able to get more.
The person who was arrested will get lots of money.
No, I don't have to do anything to stop you from trespassing on my private property.
Not true. You have to put up No Tresspassing signs.
Judges may frown on litigation where there are simple technical solutions available. Ford went after 2600 for pointing to them. That was dismissed, but is now being appealed.
Contrast that to spammers where they make efforts to hide the source and bypass filters.
But, if you see someone deep linking, you can redirect them to a page that gives your opinion of the deep linker.:)
But, you are allowing them on your private property, but forcing them to walk down the driveway instead of levitating over the grass.
Don't get me wrong, I have limits on the use of my site.
This would NOT rule out most nanny cams. The issue would be where the camera is located and if the intent is to get intimate video. Now, if your baby sitter has sex on the sofa, after the baby is sleeping.....
Slashdot Mirror
Arrest him.
What is the difference, except that Dimitri works for a SPAMWARE company.
There is similar rules in many states.
Look at Petswearhouse case where trademark is being used as a claim. The same thing that Terminex's parent used.
First, in most cases, only an attorney can represent a corporation.
Second, a party cannot collect attorney fees for their own time. Even if you are an attorney, you cannot get fees for your time handling your own lawsuit.
I still have my apple ][+ clone with a Z80B card and 5.25 inch 143k floppy drives.
I'd give NASA a discount since it is my own money.
The email talked about their time together and how she was having second thoughts when she called his house and his wife answered.
I responded that she must have the wrong email address. No more messages.
Half of it boils down to, We are not responsible for anything bad, even if we were warned about it and have a fix for it that we are holding on to sell as part of an upgrade.
Is with the CDA, the entire law was not thrown out, just the parts that were questioned and found unconstitutional.
For any real effect, the trial court ruling has to be reviewed by an appeals court.
Since the person linking does not make a copy, but only gives directions to get there it is not copyright.
Look at breach of contract. If you access this site, then use (read) this material, then you are bound by those terms.
Many ATMs and cash registers run OS/2, but you don't hear about it because there is no problem.
I use Post Road Mailer for OS/2. I have been infected with 0 viruses (or virii?) since 1990.
The new JVC projector does 2048 x 1536.
Really? I'll have to check the specs when I get to the office. At the office, we have been running at 1920x1080 and been using that as a format.
Yeah, watching in in 1920 x 1080 is sweet. Looks good even on a 20 inch screen. Except when your MPEG decoder barfs.
False arrest is if the police arrests you with no basis (wrong person, or they were pissed off). It is hard charge to bring against the police as much of it is discressionary and you have to show an abuse of discression.
See the definition for for malicious prosection. Then read a piece from the Colorado bar on litigating an abuse of process claim.
And no, I am not a lawyer, but I am obviously better versed in the law than you.
Store gives you a much higher price on that item, when you arrive there.
This is not a missing digit or misplaced decimal point, but is an intentional act. The point of multiple or punitive damages is to discourage future acts of a similar nature.
Usually there is no insurance available for a store committing fraud.
Then you can add in fraud, conspiracy to commit fraud, and RICO.
The person who was arrested will get lots of money.
They do talk about providing money to candidtates that help. But, there is more than just money.
People can question the bad candidates about their position and publically humiliate them.
People can use the web to expose the i>bad candidates.
And the carrot would be the publicity and assitance for the good candidtates. Money helps, but it takes more.
You deserve neither!
If a private individual or corporation resorts to the courts, then it becomes a government action.
Then bypassing the password is a criminal violation of federal law.
Not true. You have to put up No Tresspassing signs.
Judges may frown on litigation where there are simple technical solutions available. Ford went after 2600 for pointing to them. That was dismissed, but is now being appealed.
Contrast that to spammers where they make efforts to hide the source and bypass filters.
But, if you see someone deep linking, you can redirect them to a page that gives your opinion of the deep linker.
But, you are allowing them on your private property, but forcing them to walk down the driveway instead of levitating over the grass.
Don't get me wrong, I have limits on the use of my site.
It depends on how nasty you want to be.
It should have been: