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Comment Re:Be more like MS (Score 1) 135

And since schools *always* teach factually correct information and *never* spin it based on erroneous majority views or political agendas, we can take that as meaning that there's a law or ruling stating that maximizing marketshare and shareholder profit is an obligation of all corporations? And experts (not judges) are who determines legal precedent?

Where was the misleading statement again?

Comment Re:Be more like MS (Score 1) 135

Thank you, I'm not generally inclined to read 32 page scholarly papers posted in a comment thread unless there's more guidance to the info that proves a point than "it's somewhere in there". Page numbers would have been nice.

CAL. CORP. CODE tit. 1, 309(a) (2004) (“in the best interests of the corporation and its shareholders" NY CLS BUS. CORP. art. 7, 717(b) (2004) (“the long-term and the short-term interests of the corporation and its shareholders”) All of these from the same footnote that quotes "the interests of the corporation." Referencing someone else's reference isn't citing anything. Page 4, footnote 7 for anyone else reading.

And you stated - "They are both just trying to do their best to maximize their market share and stock price, which is the legal obligation of a publicly traded company" which is substantially different in meaning than "the best interest of the shareholders". While it's obvious that those might generally align, there's no obligation for them to. The issue is substantially more complicated than "maximize market share and stock price", as you yourself noted.

Also, a dominant view is not a legal precedent, law, ruling, or anything other than a generally held view. The dominant view also is that colds are caused by the cold, yet it still isn't true. Scholarly journals are also not legally binding, as I stated before, particularly when it's an exploratory article that doesn't take a definitive position.

if you do want to make a case it's a good place to start ;-)

I'm not making a case. I'm refuting your statement.

Thanks, but throwing another 130-page document without citing anything in it to prove your point just seems like you're trying to bury your false statement under false references. Unless you were just including it for general reading.

Comment Re:Be more like MS (Score 2) 135

which is the legal obligation of a publicly traded company.

How does this nonsense keep getting trotted out? IANAL, but my understanding is that in the preamble of the ruling for the Dodge v Ford case (meaning not the legally binding part), the judge included a line finding that companies were for designed for profit and not charity.

"Among non-experts, conventional wisdom holds that corporate law requires boards of directors to maximize shareholder wealth. This common but mistaken belief is almost invariably supported by reference to the Michigan Supreme Court's 1919 opinion in Dodge v. Ford Motor Co."[1]

"Dodge is often misread or mistaught as setting a legal rule of shareholder wealth maximization. This was not and is not the law. Shareholder wealth maximization is a standard of conduct for officers and directors, not a legal mandate. The business judgment rule [which was also upheld in this decision] protects many decisions that deviate from this standard. This is one reading of Dodge. If this is all the case is about, however, it isn’t that interesting."[2]

http://en.wikipedia.org/wiki/Dodge_v._Ford_Motor_Company

For the record, I agree with the rest of your post.

Comment Re:Right idea, wrong argument (Score 1) 381

If you want to call it "muddy waters" you can, but most people would call it disagreeing with your claims. If *you* were interested in actually discussing the case, I would think you'd respond to the refutations, but instead you've gotten bitchy. Are you that sensitive to people disagreeing with you?

Manning didn't read all the cables himself. He saw the apache video, and in his REMF viewpoint, finally learned that war was ugly. Have you watched the unedited video in its entirety? The army investigated and saw nothing wrong, but hey, 22 year-old, demoted PFCs know better than the Army.

He then downloaded mass amounts of cables, unread, to leak (after supposedly bragging about his access level to Lamos). So what crime was he ignoring there? What illegal order was he defying?

Damn, at the end I thought you were being hilariously sarcastic, but you sounded earnest and I half expected you to start citing war movies and books, as well as every relation in the last 100 years. I'm appreciative of your family and those who have served, and I make no judgement on the fact that you haven't. But hearing stories is a little different than living them.

Not to mention, REMFs and fixed wing pilots don't exactly have the same military experience as gunships and ground troops.

Comment Re:Right idea, wrong argument (Score 1) 381

I'll assume your lack of response means you have no response to the Nuremberg or Article 29 points.

I don't know if you've ever served in a combat zone (I'm guessing no), but I have, and while this does not make me a legal expert or the final authority on all things military, I can tell you that there are an awful lot of weirdly strict technicalities that you are taught. A .50 cal machine gun can't be aimed at personnel, but you sure as hell can aim it at the equipment the personnel are wearing/carrying. I had one instructor tell me that body armor was equipment enough for a .50 cal, though I believe there's a pretty strict US Army interpretation of it.

So, can you cite the law that you are referring to that requires positive identification? I would like to read it for myself.

I'd also like to see where the Hague convention permits body collection by unidentified people, if you have it. Does it also permit unidentified people to collect weapons as well?

Julian Assange has made many statements in the past that can easily be interpreted an anti-US stance. I'm not completely certain myself whether he's anti-US or if he's just opposed to whoever is in charge, but the effect remains. And as the head of an organization goes, so goes the organization.

Compliments generally need to be given by *other* people for them to mean anything.

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