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Comment Re:Simplified algorithm (Score 1) 177

You don't own a newspaper to deliver your opinion to the front steps of millions of people... Oh well?

That doesn't mean we can go around neutering newspapers. Now, I never said "money = speech", but that doesn't make the First Amendment implications any less relevant. You cannot enforce a law that has the effect of chilling speech. Period full stop.

Everything for Obamacare/PPACA, including the "penalty" tax and tax on medical devices, was introduced in the Senate. They could only pass the Senate version because it was the only version passed on either side of the Rotunda before Democrats lost their "super majority" in the Senate -- the House had to pass it second.

Again, you can't uphold a law that's unconstitutional. This means due process, and equal protection of the law. People have rights, and every time someone is allowed to exercise those rights in a way you don't like, you want to blame the Court. No thank you.

We also sent millions of Japanese Americans to detention centers, and continue to lock up people in Federal prison for completely consensual, non-violent "crimes", in the name of "the public good". When you have a completely subjective, flexible, term as "public good" you get the TSA, Homeland Security, USA PATRIOT Act, DEA, NSA, and you can protest it as much as you want but no court is going to agree with you on how their idea of public good is wrong, and your idea of public good is right. No thank you. We have rights that are above even every last person on Earth going to a poll station and checking the right box.

Comment Re:Simplified algorithm (Score 1) 177

The Court's first responsibility is to uphold the law -- not the law as they or anyone else wants it. This includes the Constitution, the "supreme law of the land" - they can't uphold a law that Congress has no authority to pass in the first place.

From this viewpoint, let's take a look at those decisions:

Bad decision: Calling the ACA a "tax". The ACA originated in the Senate, even though the Constitution requires that new taxes originate in the House. Furthermore, you can't compel people to buy something, and you can't compel a company to sell something - that's outright slavery, if it was ever recently legalized.

Good decision: Upholding the free speech of individuals, whether representing a corporation or themselves. The First Amendment says "Congress shall make no law... abridging the freedom of speech." No exemptions are listed. (And the Constitution, mind you, has numerous exemptions to various things - not in this amendment, though.) You might say "But money isn't speech!" which is technically, literally true, but doesn't make the First Amendment implications any less relevant. It costs money to publish speech, and this applies to newspapers, websites, and bloggers; in addition to advertisers. Additionally, the Federal government doesn't have the power to legislate intrastate exchange; it only has some power over interstate trade, the power to regulate (which does not include prohibition).

It sounds like all you want to do is force some people to behave the way you want them to behave, without considering that they might have a right to do so even when you disagree with them on the matter.

Comment Re:And the FCC will do... (Score 1) 316

Um, remember the Broadcast Flag? The FCC claiming “ancillary” authority under the 1996 Tellecommunications Act to Regulate the Internet?

The FCC only exists to allocate RF spectrum and limit interference in it -- THE FCC IS NOT YOUR FRIEND (nor do you want them to be). They do not exist to make Internet providers do your bidding - if they're violating a contract (i.e. "unlimited" Internet), that's the proper role of the courts to enforce.

Comment Missing the headline (Score 0) 250

Why would you have to have city council approval to start a new ISP? How dare they kill competition, stifle innovat... Oh, it was going to be a taxpayer funded, government run ISP?

My local DMV can't even keep their computers running for more than a few hours at a time. Seriously, good riddance!

Comment Re:bad for standards (Score 1) 194

Code implementing software patents can still be Free/Open Source Software. I mean, isn't that what x264 and VLC is? The un-FOSS-like restriction is one enforced by the government and patent trolls, not the software project.

Just because one country makes it illegal means you should, or even have to, spread it all around the world.

Mozilla isn't even offering people the option to enable h.264 in some alternative fashion (maybe a user could provide it themselves, maybe Firefox searches the OS or hardware for an h.264 implementation) - which they could legally do - no, they're just saying "Haha, screw you".

Comment Re:What's wrong with reselling? (Score 1) 131

The market for dev kits can't expand in time to meet consumer demand, nor would it be cost-effective to try to do so. It takes a lot of capital to ramp up to full consumer production capacities. And, any dev kit taken out of the hands of actual developers will tend to limit eventual dev support at launch time. It's crucial to get those devices into the hands of actual developers in order to ensure there is actual support for the product at launch time. There's no need to expand access to this particular product, because it's not a consumer product.

All these are reasons to continue selling the product, at a higher price, and to resellers (if they'll still buy).

Higher market prices expand access to a product... period. That's called the law of supply.

The amount of capital consumer production would take is irrelevant. They're selling one product, it's designed for developers, and at the manufacturer price, there's a shortage.

If the kit is being resold, it's still getting into the hands of someone who wants one, and it ensures that they have guaranteed access to one, which is something Occulus isn't doing! (And if discriminating between developers vs. others is a stated goal, they've already completely failed at it. However, who else but a developer would pay the higher price for hardware that's supported by no games?)

So do you want to ensure that developers can get their hands on this, but you don't want to expand access? That's mutually contradictory.

Comment Re:What's wrong with reselling? (Score 1) 131

If Oculus wanted to collect that revenue, they'd have raised the prices on day one. Most markets work perfectly fine without auctions...

That's not to say that reselling adds "no value." It ensures that someone willing to pay the higher price gets one, whereas they might not get one at all otherwise. That certainly adds value! Profit, by definition, means taking scarce, valuable, resources; and selling it as something more valuable.

Comment Re:What's wrong with reselling? (Score 1) 131

Except now nobody in China is buying one. How is that better? That sounds worse!

If there's a limited quantity, there's a limited quantity, it doesn't matter who buys or resells, the same number of people are getting one. The higher price simply ensures those who want it the most get one: you don't "wait" for a scalped unit, the whole purpose of reselling so that people who want one now can get one now guaranteed, without risking losing out or waiting.

Comment Re:What's wrong with reselling? (Score 0) 131

Yes they're developer kits, and nearly everything in the world is limited in supply, how does this change the situation? Secondary markets like this expand access to the product to those who want it, not limit it. It encourages people who have one to sell it, and it makes it possible for those who need one now to get it now.

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