If corporations are legally people, then Microsoft Ireland is a citizen of Ireland, and not subject to US courts. Either way, Microsoft Ireland is 100% subject to applicable Irish law.
Slightly more complicated:
The issue is whether something stored in Ireland but accessible from the USA is subject to a warrant. Yeah, the data is on an Irish server. But the person issued the warrant is in the USA and has direct access (and probably a certain amount of control) of the server.
It still opens a can of beans the US Federal government REALLY doesn't want opened, but it's not like the US Government has had much restraint placed on its activities since the days of FDR....
And nowhere in the Constitution does the government have the authority to imprison people for murder, either.
Your point?
The Constitution sets out the outline for the structure of the Federal Government, and outlines some fundamental limits on the Federal Government (Bill of Rights).
Anything not forbidden to the Federal Government by the Constitution is allowed, assuming the appropriate laws are passed.
So, yes, the Feds have the Power (not Right - Rights are for people) to kick someone out of the country if he/she is here in violation of Federal Law.
Note that without that assumption that the guy in question was in violation of Federal Law, even their trumped up excuse for his arrest was invalid - owning a firearm isn't grounds for a search warrant, unless the person in question is a felon.
Note: it's possible that even with the assumption that he was an illegal immigrant, the firearm was not sufficient to get a search warrant. Without conviction, he has the same fundamental Rights as the rest of us (note that the Bill of Rights does NOT speak in terms of Rights for Citizens), and so arresting him on firearms charges might be pushing the bounds of legality even without the camera on the pole.....
Well, when a newspaper publishes something, that has everything to do with the First Amendment.
I'll bet money that any of Sony's documents and emails had all sorts of disclaimers added to them.
Sony can add all the legal disclaimers it wants to its docs. None of them are legally binding on anyone who hasn't agreed to them in writing.
No more than the following:
Anyone reading the above comment is liable to send CrimsonAvenger $100 Canadian. Please contact CrimsonAvenger for the address the money is to be mailed to. Cash only, no checks.
Oh, and if each bill's serial number does not include the sequence "1235", you are hereby liable for an extra $20 Canadian. Same rules about the serial numbers.
Especially to those of us who've read enough history (or are just old enough) to know that this sort of thing has been believed by pretty much every generation in history.
First time I ever saw something along these lines was about 40 years ago. And included a quote from Cicero (?) about the failings of the latest generation of Romans at his time...
many reptiles including dinosaurs have/had gizzards.
While it's true that birds are dinosaurs, I had thought that the "dinosaurs are reptiles" idea had joined so many others on the "trash heap of history"....
By what realistic measure did AEDE expect Google to pay, when it outright stated that it'd shut down in Germany before paying? Did they expect Spain to be different?
Basically, yes, they thought that Spain would be different.
I think their assumption was that the Germans were a bunch of savages squatting in the ruins of a civilization that could safely be ignored, but that SPAIN! was still the center of civilized culture in the world, and therefore the rules were different....
It's the sort of parochialism you see in backwaters everywhere. And yes, I'm including the USA in that "backwaters everywhere" - entirely too many Americans forget that the half century after WW2 distorted the world's economy in ways that favored the US couldn't last forever, and was NOT the natural state of the world....
The guy is armed with a shotgun, so thats two shots at best.
I take it Australian shotguns are really hard to reload, as well as being double-barrel only? And they only fire slugs?
Seriously, assuming one death maximum per shot with a shotgun is silly (yeah, it's quite possible, but betting on it is silly), assuming some archaic-ass 19th century shotgun is also silly (caveat: Australian gun laws may restrict access to weapons made after WW1, so it's possible that that's all that's available), and assuming that when the shotgun(s) start firing the patrons (surviving) will count shots and say, well, he can't shoot us anymore, let's all leave, is exceptionally silly.
In other words, the only thing that's going to keep the body count down to two is the SWAT team, if the bozo(s) decide to start shooting.
I agree. "Armed robbers", "kidnappers", perhaps "gang-bangers" or some such.
Treat them like any other street thug committing a crime, and they'll be a lot less likely to do silly shit like this...taking a chocolate shop hostage, I mean really!
You want less trade that's something American might support. Americans mostly hate the wage suppression from free trade.
No, they don't.
They mostly hate the wage suppression that one half of free trade brings them (the half where other people get to sell stuff to America)
They've really like the other half of free trade (the half where Americans get to sell stuff to other people).
Going back to the pre-free-trade era mostly means losing international business on a massive scale. Which will, in the not-so-long term, affect pretty much everyone badly. Can you say "Smoot-Hawley"? Sure you can....
So, how long should they have to "stop" to lose the patent?
Short enough time that a fire at the factory would be sufficient to void the patent? Hmm, I can see a lot of factory fires at my more innovative competitors in the near future....
So, how about they have to produce some of it annually or lose the patent? Hmm, well, I can mix up a couple doses in the lab every year and keep the patent forever, and it hardly costs me a thing.
Note that you won't be able to phrase a law that does what you want without enough legal loopholes to drive a freight-train full of drug factories through.
Do remember that the intent of patents is to ensure innovation. Note that the company in question (that's just been ORDERED to keep making a drug they no longer want to make) is discontinuing manufacture of the drug to replace it with a (nominally) better one. So, how encouraged are they going to be to innovate now?
Any law made like that could almost certainly be used to ensure that any Patent YOU might ever have could be voided if you weren't making the product the day the patent was issued, and every day thereafter.
The extremely expensive plants you mean? The ones that cost double what new renewables cost? Do they deliver dispatchable power or do they deliver continuous power that can't be altered much hour to hour?
Digression:
Yes, conventional nuclear power plants are baseload, and they're baseload for a reason.
HOWEVER, that does not mean that a nuclear power plant can't be designed to handle (large) transients in demand. The nuclear power plants on submarines do so on a routine basis.
Note also that baseload power is needed just as much as transient power. "Renewables" are wonderful sources of transient power, not so much for baseload. Replacing everything with solar (unless the solar power stations are in high orbit) will NOT replace current electricity needs. Ditto wind power.
Interesing. You're carefully designing a bet so that one side CANNOT lose.
The other side might not lose, but the penalty is assigned in such a way that either (a) the climate gets worse and your political enemies lose, or (b) the climate does not get worse and noone loses.
How about coming back with a suggestion that includes penalties for your side if you're wrong, rather than just penalties for the other side if they're wrong?
Face it, people are more likely to take bets if the bet offers a chance to win, rather than a chance to not lose....
remember reading The Foundation Trilogy as a kid and thinking it was preposterous reading a story set thousands of years in the future, as we'd have no idea how humanity would look at behave.
And since you have no idea how humanity would look thousands of years in the future, why are you so sure Asimov was wrong in his depiction of the future?
Note that he was taking photos of other drawings to send along to his "egyptian" buyers. Given that he thought a photo of a document was the best way of sending a copy along, it's unlikely that the "drawing" was a full 3D assembly.
And a full 3D model of the ship would have been measured in terabytes....
Four CAD drawings are not worth getting excited about. When the number gets above 4 million, we're probably talking some serious information about the carrier.
This sort of reminds me of WW2 spy movies - evil nazi spy gets hold of plans for latest carrier or battleship, and is chased by intrepid All-American Hero.
Trouble is, the plans for a WW2 carrier or battleship wouldn't fit into something as small as a railroad boxcar, much less a briefcase.
Ron Wyden isn't going anywhere anytime soon. He is in office until 2016!
No, but the Senate that he's asking to vote on this bill will disappear in about two weeks, and never be seen again.
If Wyden really wanted the bill made into law, he'd have waited till the new Congress was in session. Or even done it four years ago when the House and Senate were both controlled by Dems.
Honest question. Why would Republicans not support this bill?
Because the Dems proposed it?
Seriously, if such a bill had bipartisan support, why wait till the last two weeks before your Party loses control of the Senate to propose it?
Last time I checked, tea partiers were all Republicans.
But with the media's portrayal of the Tea Party as a bunch of Snidely Whiplash grade villains, it's just possible that some people who ran under the Republican banner might have decided to not advertise their own Tea Party sympathies....
Note, for the record, that I have no reason to believe that ANYONE in either Party actually wants this bill to pass. If the Dems had wanted it passed, they could have done so years ago. Likewise the Reps.
But either or both Parties would be quite willing to use such a bill to embarrass the other Party (which is what I believe is happening here).
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Or did you think Drizzt was the origin of the Dark Elf in modern fantasy?
Slightly more complicated:
The issue is whether something stored in Ireland but accessible from the USA is subject to a warrant. Yeah, the data is on an Irish server. But the person issued the warrant is in the USA and has direct access (and probably a certain amount of control) of the server.
It still opens a can of beans the US Federal government REALLY doesn't want opened, but it's not like the US Government has had much restraint placed on its activities since the days of FDR....
And nowhere in the Constitution does the government have the authority to imprison people for murder, either.
Your point?
The Constitution sets out the outline for the structure of the Federal Government, and outlines some fundamental limits on the Federal Government (Bill of Rights).
Anything not forbidden to the Federal Government by the Constitution is allowed, assuming the appropriate laws are passed.
So, yes, the Feds have the Power (not Right - Rights are for people) to kick someone out of the country if he/she is here in violation of Federal Law.
Note that without that assumption that the guy in question was in violation of Federal Law, even their trumped up excuse for his arrest was invalid - owning a firearm isn't grounds for a search warrant, unless the person in question is a felon.
Note: it's possible that even with the assumption that he was an illegal immigrant, the firearm was not sufficient to get a search warrant. Without conviction, he has the same fundamental Rights as the rest of us (note that the Bill of Rights does NOT speak in terms of Rights for Citizens), and so arresting him on firearms charges might be pushing the bounds of legality even without the camera on the pole.....
Well, it worked for the United States....
Well, when a newspaper publishes something, that has everything to do with the First Amendment.
Sony can add all the legal disclaimers it wants to its docs. None of them are legally binding on anyone who hasn't agreed to them in writing.
No more than the following:
Anyone reading the above comment is liable to send CrimsonAvenger $100 Canadian. Please contact CrimsonAvenger for the address the money is to be mailed to. Cash only, no checks.
Oh, and if each bill's serial number does not include the sequence "1235", you are hereby liable for an extra $20 Canadian. Same rules about the serial numbers.
Your quote about Chris Hedges was interesting.
Especially to those of us who've read enough history (or are just old enough) to know that this sort of thing has been believed by pretty much every generation in history.
First time I ever saw something along these lines was about 40 years ago. And included a quote from Cicero (?) about the failings of the latest generation of Romans at his time...
While it's true that birds are dinosaurs, I had thought that the "dinosaurs are reptiles" idea had joined so many others on the "trash heap of history"....
Umm, no.
NOAA has the number of hurricanes hitting the US mainland since 2005 at seven. Note OP's use of the phrase "major hurricane", it's important.
The seven that have hit the USA since 2005 were CAT 1 or 2, and "major hurricane" is defined as CAT3+....
Basically, yes, they thought that Spain would be different.
I think their assumption was that the Germans were a bunch of savages squatting in the ruins of a civilization that could safely be ignored, but that SPAIN! was still the center of civilized culture in the world, and therefore the rules were different....
It's the sort of parochialism you see in backwaters everywhere. And yes, I'm including the USA in that "backwaters everywhere" - entirely too many Americans forget that the half century after WW2 distorted the world's economy in ways that favored the US couldn't last forever, and was NOT the natural state of the world....
I take it Australian shotguns are really hard to reload, as well as being double-barrel only? And they only fire slugs?
Seriously, assuming one death maximum per shot with a shotgun is silly (yeah, it's quite possible, but betting on it is silly), assuming some archaic-ass 19th century shotgun is also silly (caveat: Australian gun laws may restrict access to weapons made after WW1, so it's possible that that's all that's available), and assuming that when the shotgun(s) start firing the patrons (surviving) will count shots and say, well, he can't shoot us anymore, let's all leave, is exceptionally silly.
In other words, the only thing that's going to keep the body count down to two is the SWAT team, if the bozo(s) decide to start shooting.
I agree. "Armed robbers", "kidnappers", perhaps "gang-bangers" or some such.
Treat them like any other street thug committing a crime, and they'll be a lot less likely to do silly shit like this...taking a chocolate shop hostage, I mean really!
No, they don't.
They mostly hate the wage suppression that one half of free trade brings them (the half where other people get to sell stuff to America)
They've really like the other half of free trade (the half where Americans get to sell stuff to other people).
Going back to the pre-free-trade era mostly means losing international business on a massive scale. Which will, in the not-so-long term, affect pretty much everyone badly. Can you say "Smoot-Hawley"? Sure you can....
Actually, English is not the official language in ANY of the cities listed.
For the unaware, the USA has no official language.
So, how long should they have to "stop" to lose the patent?
Short enough time that a fire at the factory would be sufficient to void the patent? Hmm, I can see a lot of factory fires at my more innovative competitors in the near future....
So, how about they have to produce some of it annually or lose the patent? Hmm, well, I can mix up a couple doses in the lab every year and keep the patent forever, and it hardly costs me a thing.
Note that you won't be able to phrase a law that does what you want without enough legal loopholes to drive a freight-train full of drug factories through.
Do remember that the intent of patents is to ensure innovation. Note that the company in question (that's just been ORDERED to keep making a drug they no longer want to make) is discontinuing manufacture of the drug to replace it with a (nominally) better one. So, how encouraged are they going to be to innovate now?
Any law made like that could almost certainly be used to ensure that any Patent YOU might ever have could be voided if you weren't making the product the day the patent was issued, and every day thereafter.
...overturned on Appeal?
I'm sorry, that's just an insane ruling. REQUIRING a company to manufacture a specific product???
Digression:
Yes, conventional nuclear power plants are baseload, and they're baseload for a reason.
HOWEVER, that does not mean that a nuclear power plant can't be designed to handle (large) transients in demand. The nuclear power plants on submarines do so on a routine basis.
Note also that baseload power is needed just as much as transient power. "Renewables" are wonderful sources of transient power, not so much for baseload. Replacing everything with solar (unless the solar power stations are in high orbit) will NOT replace current electricity needs. Ditto wind power.
The other side might not lose, but the penalty is assigned in such a way that either (a) the climate gets worse and your political enemies lose, or (b) the climate does not get worse and noone loses.
How about coming back with a suggestion that includes penalties for your side if you're wrong, rather than just penalties for the other side if they're wrong?
Face it, people are more likely to take bets if the bet offers a chance to win, rather than a chance to not lose....
Well, no.
Ariane 5 has had 77 launches, including two partial failures and two complete failures.
Which, by the way, is a worse launch record than Shuttle had.
Well, I know I'm ready to buy a hydrogen burner, knowing that there are ten refueling stations in the entire State....
And since you have no idea how humanity would look thousands of years in the future, why are you so sure Asimov was wrong in his depiction of the future?
Note that he was taking photos of other drawings to send along to his "egyptian" buyers. Given that he thought a photo of a document was the best way of sending a copy along, it's unlikely that the "drawing" was a full 3D assembly.
And a full 3D model of the ship would have been measured in terabytes....
Four CAD drawings are not worth getting excited about. When the number gets above 4 million, we're probably talking some serious information about the carrier.
This sort of reminds me of WW2 spy movies - evil nazi spy gets hold of plans for latest carrier or battleship, and is chased by intrepid All-American Hero.
Trouble is, the plans for a WW2 carrier or battleship wouldn't fit into something as small as a railroad boxcar, much less a briefcase.
Did you actually verb "policy"?!
No, but the Senate that he's asking to vote on this bill will disappear in about two weeks, and never be seen again.
If Wyden really wanted the bill made into law, he'd have waited till the new Congress was in session. Or even done it four years ago when the House and Senate were both controlled by Dems.
Because the Dems proposed it?
Seriously, if such a bill had bipartisan support, why wait till the last two weeks before your Party loses control of the Senate to propose it?
But with the media's portrayal of the Tea Party as a bunch of Snidely Whiplash grade villains, it's just possible that some people who ran under the Republican banner might have decided to not advertise their own Tea Party sympathies....
Note, for the record, that I have no reason to believe that ANYONE in either Party actually wants this bill to pass. If the Dems had wanted it passed, they could have done so years ago. Likewise the Reps.
But either or both Parties would be quite willing to use such a bill to embarrass the other Party (which is what I believe is happening here).