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Comment Re: Wait...what? (Score 1) 82

Not necessarily Marxism, French IP laws are marked more in favor of content creators. Droit D'Auteur is enshrined in French copyright laws and allows an author/artist significantly more control over works after they have been published than many other systems of IP law. It seems this person just wants such rights to be applied to social media content. Whether or not it workable is another question.

Comment Re:501c3 disclosure requirements (Score 1) 534

At the federal level there may not be increased disclosure requirements. But at the state level, the type of corporation that can file to become a 501(c)(3), typically has increased transparency requirements. IDK what state you are in, but I have seen investigative journalists in NC get the entire balance sheet for non-profits in that state. Non-profits in NC are required to disclose them. The journalist then wrote about the use of corporate funds for not approved purposes, and members of the board of that non-profit faced criminal charges after the state AG read the article and did their own investigation.

501(c)(3) does not negate FOIA by any rational stretch of the imagination. I take exception to the writer of the article acting like this irrational argument (501(c)(3) information is confidential) might have some credence, it doesn't.

Comment Re:Corporations are not created under 501(c)(3) (Score 1) 534

I actually looked up the filings for the (which is incredibly simple, perhaps the ACLU can learn to use Google).

NEMLEC is a charity for a couple counties of police forces in MA. They have golf outings and other things, to benefit police officers and their families, activities that are completely innocuous.

I guess what the ACLU got their panties in a bunch about is that the organization also acts as a central point of contact for SWAT training/ purchases in the region.

So... a group of police, are setting their training calendars together so they can have a training session with more people at one time so they can save money on instructor costs. And they are buying stuff in bulk to reduce their costs.

The ACLU needs to do some homework and find a more relevant problem to harp on.

ALSO, NEMLEC had their corporation status involuntarily revoked in 06-18-2012, so the whole 501(c)(3) thing is a moot point. They aren't an entity anymore, they can't claim 501(c)(3) anymore, even though that never mattered in the first place.

Comment Corporations are not created under 501(c)(3) (Score 3, Informative) 534

None of the people quoted in the article seem to have any idea what they are saying. The most disturbing thing is that the ACLU is whining about this as if this was a legitimate argument. It is not.

Here are a few of the most poignant reasons why this argument fails:

First and foremost 501(c)(3) is an IRS regulation that means a corporation does not have to pay income tax. 501(c)(3) is NOT a method by which a corporation maybe formed.

Second, states not the federal government create the rules for creating a corporation.

Third, there are many different types of corporations, one of those types is a municipal corporation. Just because you have something called a corporation does not mean it is private. Municipal corporations are subject to FOIA

Fourth, corporations can register with the IRS as 501(c)(3) non-profits, but to use it as a tool to hide information would be incredibly stupid because 501(c)(3) status means you must release more information about your internal workings than a normal private corporation would need to disclose.

Either the ACLU is whining because they don't have the sharpest knife in the drawer dealing with these FOIA requests, or this is a calculated move to drum up donations.

Comment Re: Sounds like he was enjoying himself! (Score 5, Informative) 253

Actually, the Bankruptcy Abuse Prevention and Consumer Protection Act, the law which makes federally backed student loans not dischargeable through chapter 13 or 7 bankruptcy, was first conceived in 1997 and muddled around congress until 2004. Then chairman of the Senate Finance Committee, Republican Senator Chuck Grassley of Iowa submitted it in its current form, with strong support from Republican House Majority Leader Tom DeLay from Texas. President George W. Bush signed the bill into law on April 20, 2005.

Comment Re: Contact the state cable franchise authority (Score 1) 324

Where I live, the cable company has to pull the line to every customer, regardless of burial requirements. Cable companies don't WANT to bury but that is the compromise they made when they got the franchise, making them the only game in town. Put in a complaint with the franchise authority, let them tell you what the facts are.

Comment Contact the state cable franchise authority (Score 1) 324

Franchises such as cable providers are required to pull lines to all people is a territory. In exchange for being the only cable company, the cable company is typically required to provide services to everyone regardless of the cost. Google to find out the complaint department for your state franchise authority and place a complaint. I did this is the past and was quickly provided with cable access, even though they had to pull additional lines to reach me.

Bennett Haselton's Response To That "Don't Talk to Cops" Video 871

In response to both of my previous articles raising questions about the Fifth Amendment, people sent me a link to a famous video titled "Don't Talk To Cops" delivered by Regents University law professor James Duane. Whether his conclusion is correct or not, I think the argument is flawed in several ways. Please continue reading below to see what I think is wrong with his position.

Comment This will get the lawyer sanctioned (Score 5, Interesting) 225

"and threatened to file criminal charges — unless they settled the civil case immediately"

Threatening criminal charges to gain the upper hand in a civil case is against the rules of ethics for attorneys. Every state has its own flavor of rules but they are derived from the ABA model rules.

Mr. O'Connor should immediately file a complaint with the (every) state bar in which this attorney is licensed.

Comment Re:How is that an "upshot"? (Score 2) 167

You clearly do not understand how class actions work. 1000 people harmed for $100 is not worth litigating individually. Lump that together into a $100,000 suit and it is worth the time to do it. Plus most class actions are contingency lawyers get like 30%, if the plaintiffs lose they don't have to pay the attorneys.

toss some scraps $70 is better than $0.

Comment Re:We need more unions / workers rights (Score 2) 167

I don't see how forcing the taxi drivers to pay union dues will increase their paychecks.

Contract worker versus employee has nothing to do with the workers, it has to do with the company trying to avoid employment taxes. If you are a contract worker, the employer does not have to pay employment tax on you, and the employer cannot set your hours worked in a day.

If you are a contract employee and your employer tries to control your hours, quietly make a phone call to the state/ federal tax authorities.

OH but if they find out they will fire me. Then you have a whistle blower suit against the company.

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