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Comment Re:Every state needs to step up. (Score 1) 532

Everyone is already required to pay a sales tax on the items they buy out of state anyway.

Not true. I live in Oregon. We don't have sales tax. While you are free to question the wisdom of that approach (and our public school teachers and administrators would surely agree with any criticisms you have to offer), I don't pay sales tax to (e.g.) California when I buy something online there, and I am not legally required to pay use tax to Oregon for purchases made out of state.

Comment Re:there's opportunity in this (Score 1) 806

mod parent up. The way urban growth boundaries in Oregon work is that subdivision of parcels of land below some arbitrarily large size (I think it's 80 acres) is simply not allowed outside of the UGB.* The reasoning was that the UGB would allow farmers in the Willamette valley to continue their modest agricultural lifestyles without fighting against property speculators hoping to turn all of I-5 between Portland and Eugene into a soul-destroying chain of strip malls and burbclaves. And so far it's worked pretty well to achieve that purpose- while Eugene/Springfield is reasonably dense, there is literally NOTHING but sheep farms and hops vines in the 60 miles or so between Salem and Eugene.

The land speculation game is confined to the outskirts of existing cities- speculators can buy a big, relatively cheap parcel just outside the current UGB and hope that in 20 years, the city grows enough that at least some of their property will be pulled in, so they can break it into smaller lots and sell it. What the UGB has done is make it practically impossible for a speculator to buy a farm out in the middle of nowhere, bulldoze it flat, and build 100 houses on it... and that's just fine with most of the folks who live here.

Anyone who cares can read more here (html thanks to google)

*Local jurisdictions are allowed to make exceptions for various reasons, but "multi-unit housing development" isn't one of the allowed reasons. And of course all of the existing lots and structures were grandfathered in - the statewide UGB law was passed only about 30 years ago- much of the privately-owned land in particularly desirable locations (e.g. along the banks of the McKenzie River) was subdivided and developed long before the UGB took effect.

Comment Re:Economic impact (Score 1) 315

this analysis misses the point. If Turnitin wasn't allowed to just copy the works without permission, they would have to pay students for a license. The unlicensed use is in direct economic competition with the potential sale of legitimate licenses. This is exactly the kind of taking that copyright is supposed to prevent.

Comment economic value of the works (Score 1) 315

wait a sec. Obviously the student's works have economic value- to TurnItIn! If they weren't scraping work from ten thousand high schools, they wouldn't have a database of work to do their comparisons against. The court's fair-use analysis is nonsense. In an honest evaluation, all four factors weigh against the company:

  • 1. purpose and character of the use: commercial- for the students.
  • 2. nature of the work: individual creative writing- for the students.
  • 3. portion of the work taken: all of it- for the students.
  • 4. effect on the market- the company depends entirely on the student works, and is using those works without paying for them or obtaining a bargained-for license. This company's infringement entirely destroys any hope for a fair market in student works, whether for a similar purpose or for any other. This factor weighs overwhelmingly for the students.

These judges should be ashamed.

Comment Re:Laws are used as written, not intended (Score 1) 284

This is object lesson #1 why a JD should be a precondition for national public office. Some lawyers may be evil and mendacious, but even the worst lawyers understand that all of the law is a game. Many lawmakers seem to be simply missing out on this feature of national government.

You're doing your constituents a disservice if you don't even realize there is a game on, let alone how that game is played.

The Courts

Submission + - 3 Bagram Prisoners to Get Access To US Courts? (scotusblog.com)

oliphaunt writes: "Ok, this time I actually read the article instead of just pasting from the page. The venerable Lyle Dennitson over at SCOTUSblog has a short post up discussing a decision handed down by Judge John Bates of the D.C. District [federal] Court. Judge Bates's opinion says, in a nutshell, that the 2008 Boumediene v. Bush Supreme Court decision requires him to find that some of the people currently detained by the U.S. at Bagram Air Base have the right to Habeas Corpus hearings in U.S. federal courts. The Obama administration has so far defended the position staked out by the Bush admin, which was that the "enemy combatants" held at Guantanamo should have no access to U.S. courts. This is a big loss for the old Bush policy. Even though the Obama DOJ might still appeal, these cases could be the first step towards closing Bagram's prison and the prison at Guantanamo. From Lyle's post:

In one of the most significant sequels to the Supreme Court's ruling last June on the rights of terrorism suspects held by the U.S. military, a federal judge decided Thursday that the ruling protects the rights of at least some of the detainees the U.S. is holding at Bagram air base outside of Kabul, Afghanistan. . . . The decision is the most important setback in detainee matters so far for the new Obama Administration ...

"

Comment Re:indeed (Score 0, Redundant) 406

You're right, my fault, I'm an idiot. I posted this in 30 seconds this morning based on a link in my RSS feed, and I got some details wrong. I'd edit the story if I could.

But the upshot of the post is still correct- the ACLU won a court order against the prosecutor, preventing him from filing charges. This is still a win.

Comment Re:It's a battle and not the war.. (Score 3, Informative) 406

Well, sure, the ACLU only filed its complaint like, what, three or four days ago? It's ridonkulous to think a court would issue a final ruling in five days. But it's not unusual to get a temporary order this fast, that will hold while the court takes its time to figure out whether to make the order permanent or give this nutjob prosecutor a chance to back down.

Cellphones

Submission + - ACLU wins- no sexting charges for NJ teens (scrantontimes.com)

oliphaunt writes: "The TIMES/TRIBUNE reports a New Jersey federal judge ordered the prosecutor not to file charges in the cases of three teen girls whose cell phones were confiscated:

Wyoming County District Attorney George Skumanick Jr. cannot charge three teenage girls who appeared in photographs seminude traded by classmates last year, a judge ruled Monday. U.S. District Judge James M. Munley granted a request by the American Civil Liberties Union to temporarily stop Mr. Skumanick from filing felony charges against the Tunkhannock Area School District students.

"

Cellphones

Submission + - Apple wins by favoring customers over carriers (theregister.co.uk)

oliphaunt writes: "Here's an article from the Register about why the new version of the iPhone is so full of win: apple listened to the people instead of to the carriers.

For Apple, coming late to the phone business has actually been a huge advantage. The success of the iPhone is down not just to great engineering, but profiting from several years of desperate and outright stupid behaviour by the mobile phone networks, who set the terms for the manufacturers. The received wisdom of the industry — that you had to know the wiles of the mobile networks to succeed — turned out to be completely mistaken.

"

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