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Cake day: June 4th, 2024

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  • you cannot copyright a drawn apple with a piece bitten off

    That’s correct, you can not do such. Apple does not litigate its logo with copyright but in trademark disputes. Prepear and Georette are examples of this.

    You too can create a logo of an apple with a piece bitten off. It’s up to a court to decide if it’s coming too close to the Apple trademark, most people want to just avoid that and settle amicably, but if you’ve got to the pocket change to fight it in court, you can argue that your bitten off apple isn’t a trademark infringement.

    If you find a company that isn’t keen to defend their logo, you can totally get away with it. Apple is on the other end of the spectrum of being someone who will protect their trademarks to the bitter end. Jack Daniels and Disney are two more examples of companies that will legally punch a five dollar start up into a bloody mass over trademarks.


  • Things to note:

    • The Court heard the case en panel. Only three judges heard the case. Plaintiff has asked the case to be reheard en banc, with all the judges present.
    • The Court did not rule on merit. The ban was not ruled Constitutional. Instead the case was ruled on procedure in that Plaintiff had no standing.
    • The 6th District is 6-10 Judges appointed by Democrats vs Judges appointed by Republicans. Of the ten Republican Judges, six are from Trump specifically.
    • The United States District Court for the Eastern District of Tennessee case is still on-going. There the Judge has ruled a temporary injunction on the law.















  • Yeah with Chevron gone this is fluff talk at this point. Nothing can be regulated without the Courts giving it an okay or Congress explicitly allowing it verbatim. The Loper Bright case paired with Relentless, Inc. has basically nullified novel regulatory authority without the Courts consenting.

    The framers anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment

    — Chief Justice Roberts (Loper Bright Enterprises, et al, v. Raimondo)

    Additionally, Robert’s indicated that the Administrative Procedure Act of 1946 has always provided Judicial review of every regulation and that everything since that point must now be reviewed by the Courts.

    Biden is indicating that he’s going to produce a heat standard via OSHA which was formed in 1971, so OSHA’s ability to even make that standard and potentially their full authority is under question now. OSHA isn’t going to be doing jack crap for easily the next twenty years for the Courts to fully review their broad authority, unless SCOTUS overturns this judgement. For all we know, SCOTUS might hold OSHA to follow the exact letter of the Occupational Safety and Health Act of 1970 which would neuter them in a heartbeat. Luckily things like the Fair Labor Standards Act of 1938 which prohibits child labor in particular kinds of jobs will fall outside of that review and OSHA will still be able to enforce that kind of stuff since it’s explicit that OSHA enforces any labor law prior to the 1970 act.

    There is literally nothing any President going forward can promise without Congress completely having the President’s back or the Justices agreeing with the President. Basically, without at least 2 out of 3 branches agreeing, literal nothing will happen. This is literally the setup nobody will enjoy and will cripple Federal Government for the foreseeable future without those rare instances where Congress and the President are of the same political party.


  • And what exactly is there to stop the opposition from doing the same thing?

    Process. The same that that puts barriers on this discussion from AOC. The entire impeachment process is the understanding of the people who created this country, to have a political process that is departed from the legal process. That’s why being impeached doesn’t also mean criminally convicted and vice versa. Historically, if you were a vassal of the lord and had your fief removed, you couldn’t hold court with your lord AND you basically were penniless with the potential to end up in jail. The entire impeachment process is to separate those two things. That’s why the process is spelled out fully in the Constitution and the execution solely left to Congress to implement.

    There entire point of an impeachment is to execute some political justice without having legal justice married to it. What stops anyone from just abusing the process is the process itself and what it indicates for functioning government. If the goal is have no functioning government, then there isn’t anything that stops anyone from abuse. But no functioning government means that those in Congress would lose power, and a loss of power means they become less enticing for lobbyist to enact agendas, for people to seek recourse, and for States to enhance power within the vacuum.

    So an abuse of that power would end with them loosing more and more power. This is the same reason why Congress has had a hard time really pinning impeachment and contempt charges and have talked about inherent contempt for Garland (which inherent contempt is basically using Congress to enforce a contempt charge via the Sergeant-at-arms doing the arresting and Congress inventing a “trail” system all of their own outside of the Judicial system… which by the way SCOTUS way back in the 1930s, the last time this was used, indicated that THAT specific instance was not a violation of habeas corpus, but trying to ring Garland up on inherent contempt and trying to put him in Congress jail, would be such a complex process and likely wouldn’t survive a habeas corpus challenge, but who knows at this point? For all we know SCOTUS may be completely cool with Congress tossing people into Congress jail without a proper trail. But of course that brings with it ALL KINDS of ramifications about our Federal government jailing people in a a jail completely ran by Congress and outside the entire legal system, but I digress).

    Long story short, all of this stuff is political process. And you do all of this to further a political agenda to the public. But if the public isn’t backing that action, it has the ability to backfire in that entire you don’t get to come back to Congress or you weaken the overall power of the Federal government. So you have to look at the long term goal of anything you want to do with this process. Like the inherent contempt vote got delayed after the first Presidential debate. Biden’s performance was so bad that Republicans feel that they got what they wanted. The whole Garland audio tapes, the GOP wanted them so that they could play back the tapes to the public and show that Biden was losing his marbles. But now since the debate, there’s little reasons for the GOP to go down the tossing Garland into Congress jail and going down a path that’s likely to not play well for anyone except their most harden supporters.

    The process limits the process. That’s what prevent the whole “same thing”.

    Are we going to replace the court?

    I mean, yeah, that’s the goal. SCOTUS has had about a dozen cases that they’ve overturned decades long, and in some cases century long, established rule. One or two per lifetime of a justice is a lot to completely overturn. This court has overturned nearly a dozen long established rulings. The entire point of a justice system is to bring about stability to the political process. Congress answers to the public, and the public can change their mind often, so random laws flying over the place isn’t unusual. SCOTUS is not elected and thus they faintly answer to the public. So they need to have some stability to maintain legitimacy. Even Robert’s talked about this in the ruling that overturned Roe and felt the majority was going too far.

    So I think if the court itself is saying that it is ruining their own legitimacy, bringing them up into the political process to answer to these statements the court itself is making is fair game. And I don’t think that’s unfair to mention in that whole process. Judges don’t answer to the public, so justices that massively change the landscape in short orders of time, are shaking the stability they’re supposed to be building. If SCOTUS wants to rewrite the law of the land, it needs to be gradual not as fast as possible.


  • Literally a slight video edit made a particular group think Biden was chasing after some invisible chair during D-Day. For a particular group of folks it won’t matter about AI, they can’t even detect objectively provable false information that was done with the most minor of functions a video editor provides. Not even when the proof is literally a two second Google search for the YouTube clip of the original footage.

    AI isn’t ruining the Internet, the Internet was already ruined by people whose mind wasn’t ready for the ability for the entire world to speak to every other person on the Internet.

    I think back to that one episode in The Orville when they’re talking about how they gave some backass society a food replicator and they killed each other within five years. That’s the Internet right now. We are still in the baby phase of the Internet and there are still a ton of people who just can not wrap their mind fully around the tool that’s in front of them. For some, it’s like I gave a five year old a PSRL-1 and said, don’t hurt yourself and called it done.

    AI isn’t going to hurt people with critical thinking skills, it’s going to hurt people who never had critical thinking skills and those people are already rabid fiends running rampant on the Internet like there’s no tomorrow.