Hmm. The true issue here is whether or not Nike's public relations campaign was commercial speech subject to claims of false advertising.
That's an interesting questions which led to a closely divided decision.
IMHO, since the case was so widely publicized and Nike made so many announcements, it is commercial speech. There is no bright line definition here. Not every press release is commercial.
The First Amendment allows Nike to make announcements such as the ones in questions. No problem. That is not in the question.
Nike's defense that the First Amendment would in any way shield them from charges of deceptive advertising is a bizarre defense. How the lower courts could have possibly affirmed is even more bizarre.
Think about it.
Drug manfacturers could make any claim Automobile makers: "Our cars get 1000 mp/g" Enron/Anderson: We're not responsible for anything
In a similar vein, carriers have stalled and delayed the government's wish that consumers be allowed to keep and transfer their cell phone numbers between carriers.
- This is not definite yet until May 1. PayPal, eBay, etc may be able to negotiate - as it says in the article - This does not in any way affect any debit cards. Period.
Yes, if this bill passes it will destroy the only viable DSL competitor to the Bells. Meanwhile, the DSL supplied by the Bells is awful. The only good DSL I've gotten is through Covad.
Is this an ad? A review for NetFlix... on NetFlix?
Anyway, this was once a GREAT service, but as I am sure many posts to follow will indicate, it slipped as the dot-com funds disappeared. It takes way too long for processing of returned DVDs and too long to receive new ones - if you can even get the titles you want.
Here's to ya NetFlix, once a great service, still a great idea!
Glad to see AT&T couldn't get away with their usual tactics again.
With NorthPoint (former major DSL provider), a bankruptcy judge let AT&T buy NorthPoint's DSL lines for a song and let them cut off all of NorthPoint's 400,000 customers.
Sound stupid? It was.
Thank you, oh Judge Thomas Carlson of the U.S. Bankruptcy Court in San Francisco for at least giving the bondholders, the company and the customers some options, no matter how few they might be...
The poster seems enamored with trumpeting the very old news of Covad's restructuring. Sadly, the post might make many miss the progressive way in which Covad handled its financial issues.
(1)The operating companies of Covad which supply your DSL are not going Chapter 11
(2) Instead of waiting until Chapter 11, Covad negotiated with its bondholders and made agreements to eliminate $1.4 billion in debt. This early meeting with bondholders is a very progressive and innovative move in contemporary business. Covad has received many accolades for this maneuver already.
Your View on X-Box's Success?
on
$1200 Cheap!
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· Score: 1
Am I the only person who thinks this is likely to be an embarrassing failure for Microsoft? It took Microsoft about 5 years to finally get something that could compete with Palm. Microsoft is not good at truly competing (read: I wonder what the buyer of this product wants) In the gaming industry, this will be death.
Are they manufacturing the hardware? They could truly have a massively expensive flop on their hands.
I had Verizon fail to show up 9 times to do their part installing my Covad line. They are complete liars. One day, disgusted with being told I was not home when they continually failed to show up, I sat on my stoop the entire day, cordless phone in hand, calling Covad's executive office every hour to let them know Verizon was still not there.
At 5 p.m., Verizon updated my status to "not home." I had numerous witnesses that I sat there the entire day and I was subsequently quoted in New York magazine about Verizon's malfeasance.
Right. This kind of settlement is an obscene gesture to consumers. A settlement in rebates... for future purchases?
Blame the judge on the case, though. This kind of agreement is slowly being considered unacceptable by some, but not all. A recent case - I'm sorry I can't remember which - DID require the attorneys to take much of their fee in the coupons they negotiated for consumers.
Someone should file a class-action suit against some of these class-action law firms.
Slashdot Mirror
IMHO, since the case was so widely publicized and Nike made so many announcements, it is commercial speech. There is no bright line definition here. Not every press release is commercial.
The First Amendment allows Nike to make announcements such as the ones in questions. No problem. That is not in the question.
Nike's defense that the First Amendment would in any way shield them from charges of deceptive advertising is a bizarre defense. How the lower courts could have possibly affirmed is even more bizarre.
Think about it.
Drug manfacturers could make any claim
Automobile makers: "Our cars get 1000 mp/g"
Enron/Anderson: We're not responsible for anything
Etc...
Consider that the major networks are given public airspace to broadcast for FREE.
That's right. Free. NBC pays the government how much for the rights to its frequency? Zero. New HDTV channels? Zero.
Channels that exist exclusively on cable or satellite are paid for in your cable or satellite bill.
And that about covers it.
In a similar vein, carriers have stalled and delayed the government's wish that consumers be allowed to keep and transfer their cell phone numbers between carriers.
- This is not definite yet until May 1. PayPal, eBay, etc may be able to negotiate - as it says in the article
- This does not in any way affect any debit cards. Period.
If the student did research in a book?
Violation?
If the student asked his father or mother?
Violation?
If the student joined an online discussion group?
Violation?
???????
There was an Atari 2600 version of M.U.L.E. I am 80 percent sure of it. Can anyone corroborate?
M.U.L.E. anyone?
The show was rejected 25 times by television executives before someone on CBS realized its potential.
Yes, if this bill passes it will destroy the only viable DSL competitor to the Bells. Meanwhile, the DSL supplied by the Bells is awful. The only good DSL I've gotten is through Covad.
This is terrible.
I thought it was strange too. It's not like NetFlix is even remotely new...
Is this an ad? A review for NetFlix... on NetFlix?
Anyway, this was once a GREAT service, but as I am sure many posts to follow will indicate, it slipped as the dot-com funds disappeared. It takes way too long for processing of returned DVDs and too long to receive new ones - if you can even get the titles you want.
Here's to ya NetFlix, once a great service, still a great idea!
Agreed. A nice bonus is TiVo itself pays attention to the suggestions and comments posted there.
Glad to see AT&T couldn't get away with their usual tactics again.
With NorthPoint (former major DSL provider), a bankruptcy judge let AT&T buy NorthPoint's DSL lines for a song and let them cut off all of NorthPoint's 400,000 customers.
Sound stupid? It was.
Thank you, oh Judge Thomas Carlson of the U.S. Bankruptcy Court in San Francisco for at least giving the bondholders, the company and the customers some options, no matter how few they might be...
Perhaps if companies valued their employees as much as their equipment they wouldn't have this problem...
http://www.postel.org/remembrances/18postel.jpg
The poster seems enamored with trumpeting the very old news of Covad's restructuring. Sadly, the post might make many miss the progressive way in which Covad handled its financial issues.
(1)The operating companies of Covad which supply your DSL are not going Chapter 11
(2) Instead of waiting until Chapter 11, Covad negotiated with its bondholders and made agreements to eliminate $1.4 billion in debt. This early meeting with bondholders is a very progressive and innovative move in contemporary business. Covad has received many accolades for this maneuver already.
Are they manufacturing the hardware? They could truly have a massively expensive flop on their hands.
I had Verizon fail to show up 9 times to do their part installing my Covad line. They are complete liars. One day, disgusted with being told I was not home when they continually failed to show up, I sat on my stoop the entire day, cordless phone in hand, calling Covad's executive office every hour to let them know Verizon was still not there.
At 5 p.m., Verizon updated my status to "not home." I had numerous witnesses that I sat there the entire day and I was subsequently quoted in New York magazine about Verizon's malfeasance.
The next time, they showed up.
But incredibly insecure?
Sounds like a good class-action suit. Unfortunately, ripped-off customers will get a coupon for $1 off and the attorneys will get $1,000,000.
I'd re-title that article to How I Got Everyone to Live in a Prison Without Really Trying
Right. This kind of settlement is an obscene gesture to consumers. A settlement in rebates... for future purchases?
Blame the judge on the case, though. This kind of agreement is slowly being considered unacceptable by some, but not all. A recent case - I'm sorry I can't remember which - DID require the attorneys to take much of their fee in the coupons they negotiated for consumers.
Someone should file a class-action suit against some of these class-action law firms.
After reading the SlashDot teaser, I found the article actually says absolutely nothing to impinge on BountyQuest's credibility.
The company actually decided to give partial prizes on the Amazon challenge, even though they were understand absolutely no obligation to do so.
They have also already given away several $10,000 bounties as promised. The company is legit. That article is lame-o.
There is nothing in the article that even remotely points to Covad disappearing except it sounded good to lump all the DSL companies together.