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Comment Re:How did this go to trial? (Score 3, Insightful) 236

If I throw a rock at you, clearly you will have to duck.

But the FAA's policies make specific reference to model aircraft, and repeatedly get into things like "guided" and "sustained" flight. Meaning, the reason an RC drone isn't a rock is that you're actually sending it, under control, through a sustained flight in the air. The FAA's authority begins an inch off the ground, not 100' or 10,000' - which is why they're still in charge of safety when a 747 is 1' off the runway, or 1,000' off the runway.

but I'd say they would only have a case there if a helicopter were attempting to operate in the area and the guy kept flying his plane

A hospital helipad is a 24x7 controlled bit of air space. And more to the point, the pilot in question is all about goggles-on FPV flight. He's seeing where he's going by watching through a small nose camera and a relatively low-res RF video downlink. The guy we're talking about ("Trappy" Pirker) makes a big deal about how he flies FPV out of line of sight. Flying that way, he's got absolutely no situational awareness (say, a medivac helicopter coming in from above or from the side, out of his FPV cam's forward view).

Comment Re:How did this go to trial? (Score 3, Insightful) 236

It went to trial because HE sued the FAA.

No, he didn't. The FAA fined him for operating recklessly, and he followed the usual administrative procedure to challenge that fine.

That's not to say that some law suits aren't appropriate in this area - if for no other reason than that the FAA is ignoring legal mandates from Congress to get this area sensibly on the books in short order. The Obama administration, and their people running the agency in question (which is part of the executive branch) is, just as they're doing by randomly and unilaterally modifying and ignoring hard dates and requirements in the ACA, are just blowing off the law on this matter. That, in and of itself, has no bearing on the case in question, but it's causing this to be dragged out for no reason, as hundreds of millions in new economic activity is sitting on the sidelines holding its breath. Thanks, administration. We can tell what your priorities are.

Comment Re:How did this go to trial? (Score 3, Informative) 236

He didn't get in trouble because he was flying recklessly, but because he was trying to earn a living.

No. This was specifically because he was being reckless. His videos showing him flying at street level through traffic, buzzing the hospital heliport, etc.

The reason the FAA became aware of his asshattery is that he uses his jerky stunt flying to promote his business (he sells multirotor hardware, among other things). He's an attention whore, and puts together his videos with a deliberately provocative tone, and it caught up with him. The issue of commercial vs. hobby was incidental, and the administrative judge's ruling didn't speak to that directly anyway.

Regardless, this isn't even a "final" ruling. For now, he's had his fine dropped. Heavy, onerous regulations are coming for RC/FPV operators, and it will be ugly (licensing, air worthiness certificates, medical exams, etc).

Why should buzzing a crowd be okay, but buzzing a crowd FOR PROFIT be illegal?

Buzzing a crowd isn't OK either way. Regardless of the state of the FAA's pending new regs, plenty of local laws against reckless endangerment can be brought to bear, and this sort of ruling is going to pour gas on the fire of a thousand local jurisdictions throwing together a patchwork nightmare of laws against Evil Drones. This ruling is actually a bad thing.

Comment Re:Teenagers will do stupid things? (Score 3, Insightful) 387

The human brain doesn't fully develop until 25. We don't even hold teenagers responsible for their actions until they're 17-18.

Exactly. And so this (her actions) are her parent's responsibility. And so the fact that the information they agreed to keep private was out in public is the fault of the parents, and they are suffering exactly the consequences that they agreed to suffer for doing that exact thing.

Comment Re:Yes, fine, geez. There was once water on Mars! (Score 1) 41

How many times do we get to "discover" that bears actually do shit in the woods?

The point in this case is that they're suggesting that we're seeing evidence not just of water, but of biological activity. You are able to see the difference, right? It's like discovering that bears not only shit in the woods, but that they also have toilet paper and elaborate sewage treatment facilities hidden in their caves. Or would be, if this evidence actually points to more-than-just-water conclusion.

Comment Re:So why can't they find this stuff on mars? (Score 1) 41

It's not like we don't have what are essentially remote science laboratories that we've sent there which should theoretically be able to find this sort of stuff in the samples they collect.

Actually it is like that. Because nothing we've sent there can look inside a good-sized rock with that degree of non-destructive precision and delicacy.

Comment Re:today. (Score 3, Insightful) 207

Start you own company, and make a point of having absolutely no way to deal with the communications your employers perform on your behalf. Don't worry, you'll never, ever be involved in any sort of lawsuit that would bring out the fact that you don't cover yourself. What could go wrong? You'll be fine.

Comment Re:Policy != regulation (Score 1) 136

This is one of the central issues in the ongoing case regarding Raphael Pirker ("Trappy")

Well, really, that case is about his reckless operations in Virginia (flying past a hospital helipad, flying through traffic at street level, etc). And that's taken in the context of his frequent flaunting of anything resembling good manners when he does his stunts to try to drum up eyeballs for his videos and promote what he's selling.

I don't think that case will have much of anything to do with resolving the question of whether or not the FAA's smack-down on commercial operators is viable.

Here's the real issue: most insurance underwriters have clauses requiring their insured parties to operate in keeping with the GUIDELINES of that agency. Law or regulation doesn't matter. If the FAA guidelines are that recreational RC pilots staying under 400 ft, in line of sight, away from people and airports and the like are OK, but people conducting business using RC are, for now, NOT OK... then operating commercially anyway will put most insurance policy holders in violation of the fine print, and they'll be on the hook in the event of a mishap, injury, or damage. It's very hard for most photographers, videographers, event promoters and such to secure liability insurance to cover doing something that a federal agency says is not allowed. That expectation of compliance with those guidelines is something that the insured and insurer mutually agree to, and that really makes things difficult for someone who wants to fly a camera drone over very expensive commercial property or a crowd of people for money.

Yes, the matter of the FAA's plenary authority in this area, and the way they apply it (or don't) has to be clarified. But in the meantime, there are real, practical reasons why their position is an impediment to commercial RC use. Lawyers for very big commercial entities have been telling their clients to stay away from the tremendous possibilities in this area. Which sucks. But large, expensive legal teams, on retainer for companies that want to use RC commercially, have concluded that the FAA's position is - in practical terms - as good as law for now.

Comment Re:And all that being said ... (Score 2) 208

Shut up you pompous ass.

He's telling you exactly what he experienced in real life. Like him and the person he responded to, my wife and I also saw our coverage canned because of the ACA. To replace it, we must now pay roughly double the monthly premium, a hugely higher deductible, and have lost access to the doctor we've been using for 20 years. The best local hospitals are now off limits, too. But luckily, now that we're past child-bearing years, we've got free maternity care ... so, there's that.

Telling people who are reporting these facts to you that they're imagining things is absurd. Your agenda is showing.

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