ABCLAW

79 ms·

391.
by ABCLAW 8y ago
>So you're an intellectual property lawyer? I think the implication you're trying to make is that I make my bread and butter litigating patents or something, so I've got the incentive to defend the system. I don't. I
392.
by ABCLAW 8y ago
If you do not make an argument at first instance, you cannot appeal a judgement on the ground that it was not considered. So you're fighting in the lower court because you need to fight there. Remember, it's the fight that costs m
393.
by ABCLAW 8y ago
Re: Last line. Yep. I do. In fact, the some of the cases your articles refer to directly refer to my amicus curiae contributions. The Federal Circuit was created, in part, to create certainty in patents. They keep trying to make frameworks
394.
by ABCLAW 8y ago
>My shock is the dual narrative on "tech pays too much -- down with tech" "tech pays too little -- down with tech." People can be upset that 1) developer salaries are large enough to disrupt the local real estate mark
395.
by ABCLAW 8y ago
> And when the Supreme Court overturns them, the next case relying on Supreme Court precedent inevitably goes to the Federal Circuit, which has proven very willing to engage in sophistry to issue a new binding precedent that clearly is t
396.
by ABCLAW 8y ago
I think it's more that their legal department is busy with enabling their business. Which is doing well. Typically industry lobbying is performed through industry associations, not by companies themselves. Why would Apple shoulder the
397.
by ABCLAW 8y ago
This is a very good explanation, but it might be missing one note for lay persons. Summary judgement is cheap (well, relative to litigation, that is), fast and occurs early in the development of the lawsuit before the most expensive steps t
398.
by ABCLAW 8y ago
Everyone's mountain has a peak. We have a finite amount of compute power in our heads, and a finite amount of time on the earth. That means we have a fixed amount of complexity we can work through. That said, fixing someone's shit
399.
by ABCLAW 8y ago
During my attempts to push the performance envelope, I've determined that even pushing into the top 0.1 - 1.0% segment of the performance population is primarily just consistency in avoiding brain-dead stupid obvious mistakes.
400.
by ABCLAW 8y ago
In theory, sure, sometimes? 1) The determination if an intership covers a function they would have otherwise performed is very deferential to the company. 2) Interns do not have the resources to litigate if they believe their position is il
401.
by ABCLAW 8y ago
>Outside the realm of tech companies, large infrastructure projects are mostly built by PPP model. No, they aren't. The PPP model is one of many ways of organizing infrastructure projects, and it isn't dominant even in the UK,
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by ABCLAW 8y ago
They didn't 'try to move the case'. They had a choice of forums clause in their agreement with drivers. Choice of forums clauses are supposed to give certainty to the location that a dispute would be heard in the event of a d
403.
by ABCLAW 8y ago
Turns out you can grease your numbers by manipulating user sentiment. Who cares if you need to lie a little bit, right?
404.
by ABCLAW 8y ago
Depends on the capital structure of the corporation, the financing deals it has, and the nature of the business it runs. To simplify quite a bit: You're going to need to make sure the earnings it has aren't juiced, that it owns wh
405.
by ABCLAW 8y ago
Underpricing your work sends a strong signal about quality, or the lack thereof. I opened with charging well above my peers (we're talking 150%+ of their rates) when I started practicing law, and not a single client balked. In comparis
406.
by ABCLAW 8y ago
I'm not upset. Sorry if I'm coming off that way. It's just that there's a big disconnect between what people have read out of the article regarding it's applicability and what remedies actually flow out of it. Hence
407.
by ABCLAW 8y ago
"As a policy, it’s not completely unreasonable, but makes the mass content-farm websites like YouTube unfeasable." ...? Where are you getting this? Have you read the current copy of the draft proposal? I did. None of the restricti
408.
by ABCLAW 8y ago
Even if we take this doomsday hypo at face value (HN promotes comments? Really?), so what? What's the scary remedy for a copyright holder if they already provided a license to publish the published content? User posts don't make e
409.
by ABCLAW 8y ago
Select for good people, select against bad firms. I think you've articulated something key; You need a competent partner to make sure you're getting decent value, regardless of the firm you're at, but firm culture itself can
410.
by ABCLAW 8y ago
>Raising money is a failure mode. If you're trying to build a lifestyle business, yes. That's correct. Incrementally building your recurring revenue is rewarding and doesn't require outside investment and comes with no str
411.
by ABCLAW 8y ago
...So what? Comment content is governable in the site ToS, where copyright assignment or other methods of defining the respective user/site rights can be dealt with. Even if it wasn't, your performance in posting implies consent t
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by ABCLAW 8y ago
>"internet platforms that organise and promote large amounts of copyright-protected works uploaded by their users in order to make a profit" HN does not organize large amounts of copyright-protected works, nor are the links to
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by ABCLAW 8y ago
Ajit Pai's is not an example that institutions exist to further the interests of a small few, but rather that it is possible to ignore the duties of one's public office* to the benefit of a few. *to be more precise, it is ignoring
414.
by ABCLAW 8y ago
The doctrine of illusory promise makes a lot of the 'we can change the license however we want' clauses very weak, as far as contractual robustness goes. There are other similar contractual doctrines that attempt to deal with simi
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by ABCLAW 8y ago
Might be this recent thread: https://news.ycombinator.com/item?id=18692108
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by ABCLAW 8y ago
I'd be glad if you'd be a bit more charitable in your reading of my points. You are speaking with someone who has litigated and published substantial material in the specific area you're attempting to lecture me in. My point
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by ABCLAW 8y ago
We don't see eye to eye on what the term 'administrative law' refers to in this case. I've tried to be as clear as possible about the difference between "Admin law - the field of law" and "Admin law - the
418.
by ABCLAW 8y ago
No, there's less to it than that: https://www.law.cornell.edu/uscode/text/18/1344 You aren't allowed to lie to the bank if you're getting money out of them, even if they are made whole. Them be
419.
by ABCLAW 8y ago
Sorry, what? Reasonable people aren't okay with fraud. If companies in unrelated countries don't want to play by sanctions, all they need to do is not do business in countries that require them to abide by sanctions. I don't
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by ABCLAW 8y ago
I've consulted for companies trying to get a good go to market plan for the legal sector. The sector is bonkers and the incentives are terrible. Most tech adoption is in the low-margin high-volume sectors, where 'good enough'

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