• 0 Posts
  • 824 Comments
Joined 1 year ago
cake
Cake day: June 17th, 2023

help-circle





  • It looks like you haven’t really digested anything of the conversation here before you came in to reply with corrections.

    Not everywhere.

    Previous rulings are a precedent in Common Law systems like the US, UK, Canada, or Australia.

    Only Supreme Court rulings become a precedent in Civil Law systems like the EU, Russia,most of the rest of America.

    Sure, but we’re talking about Brazil. You haven’t established whether Brazil is common or civil law. Also, we’re talking about a Supreme Court ruling.

    Not all of the EU is civil law. Ireland and Cyprus both use common law systems.

    While common law countries often have roots connected with the UK and are very similar, civil law countries are far more varied. Many civil law countries are distinctly different and arguably should be a separate class of legal structure - even ones with French roots (perhaps the most prominent civil law country).

    Ultimately, though, the differences between civil and common law structures are almost entirely technical in nature. The end result is largely the same - in a common law country, case law can continue to be challenged until a Supreme Court ruling, and as such it isn’t really proper case law until such a ruling, just like in civil law countries.

    https://guides.library.harvard.edu/law/brazil

    Brazil is, in fact, a civil law country. However, they do follow case law from Supreme Court, which would make this ruling about requiring a representative valid case law. Which is what I said to OP.

    The EU at its top level creates “Directives”

    This is exactly what I said.

    The EU made GDPR law (well, strictly speaking they made a directive, then member states make laws that must meet or exceed that directive)

    The EU made a directive, this directive led to GDPR laws made by member states. However I was apparently mistaken, it wasn’t an EU Tribunal court case that led to cookie splash screens through case law, it was Recital 66 (lol Order 66), essentially a 2009 modification to the 2002 ePrivacy Directive, followed by roundtable discussions that heavily favoured the advertising industry over civil interest groups leading to its formal implementation into the directive in 2012.

    https://www.linkedin.com/pulse/truth-behind-cookie-banners-alexander-hanff-cipp-e-cipt-fip-

    To summarise:

    • What I said at the start was right - Brazil’s Supreme Court ruling requiring social media companies to have representatives is valid case law.
    • My example of cookie splash screens wasn’t ideal, but you did not give the right reasoning, or any reasoning - it was a poor analogy because it wasn’t a judge’s rulinig that modified the law but legal discussions that were prompted by public interest groups.

    Like I say, it really feels like you didn’t read very far before you made your reply. Your comment reads more as a statement of tangentially related things you know with a thin veil disguising it as a correction. If you’d just made those statements without the veil, or if you’d followed through with the corrections and actually explained what was wrong, I don’t think I would have found your reply so objectionable (although I may also have woken up on the wrong side of the bed to your comment, sorry about that).

    But then, I also wouldn’t have looked into the specifics of Brazilian law or the full origins of cookie splash screens, so thanks for the motivation lol.


  • Yes and no. It only really applies to Twitter/X and Twitter clones. You wouldn’t call a Facebook post a tweet, no matter how short, nor would you call a reddit or lemmy post/comment that.

    And even then, Mastadon has its own term, toots, and BlueSky calls them skeets.

    Until Twitter comes up with a new name in line with their new branding, I think the business should still be referred to as Twitter. But the business should go bankrupt before that happens, hopefully, the lenders need to call in their debts already.




  • The page you link to talks about the search results that come at the top of the page, eg a Wikipedia or Trip Advisor result. The actual search itself comes from Bing, and it’s more than likely that the top page banner also is processed via Bing.

    Edit: However, the Wikipedia page does provide more detail, which proves you right and my assumption wrong:

    DuckDuckGo’s results are a compilation of “over 400” sources according to itself, including Bing, Yahoo! Search BOSS, Wolfram Alpha, Yandex, and its own web crawler (the DuckDuckBot); but none from Google. It also uses data from crowdsourced sites such as Wikipedia, to populate knowledge panel boxes to the right of the search results.


  • If I understand DDG correctly, they use Microsoft Bing as their backend for search results. So while they may be branded DDG, the results are in fact out of DDG’a control. It also means we are more subject to Microsoft’s privacy policy than we are to DDG’s.

    This is exactly right. DDG is basically a front end that’s supposed to strip out identifying information and then submit your request to Microsoft. [Edit:] Apparently they have expanded from this, according to their Wikipedia page. [/E]

    However, after seeing TV ads for DDG not that long ago I kind of lost what faith I had left in them. As a rule of thumb, I’ve never trusted products and services advertised on TV - TV advertising is expensive, and the business expects to make that expense back and then some from their customers.




  • Law isn’t defined just by legislation, it is also defined by case law. A judge’s ruling on a previous case makes that ruling law.

    Now, I’m not saying this ruling is appropriate - I simply don’t know enough about how it came to be. But if Brazil made laws about social media companies and then a judge made a ruling based on that law requiring social media companies have a representative, then that absolutely is valid law.

    To draw an example, the EU never made a law about cookie splash screens. The EU made GDPR law (well, strictly speaking they made a directive, then member states make laws that must meet or exceed that directive), and then a judge interpreted that law and made it a requirement to have cookie splash screens. I would personally argue that the judge was trying to shove a square peg through a round hole there, when really he should have identified that data collection is in fact a secondary transaction hidden in the fine print (rather than an exchange of data for access to the service, this isn’t how the deal is presented to the user; the service is offered free of charge but the fine print says your data is surrendered free of charge), and he should have made it such that users get paid for the data that’s being collected. However, the judge’s ruling stands as law now.


  • TWeaK@lemm.eetoProgrammer Humor@programming.devStealing?
    link
    fedilink
    English
    arrow-up
    40
    arrow-down
    3
    ·
    3 months ago

    I hate this phrase because it assumes that copyright infringement was at one point the same as stealing - it never was.

    Stealing is a crime, where you take with the intent to deprive. Copyright infringement is a civil offense where the original owner loses nothing.


  • If this is what I think it is, the hard drives are used data centre drives that are sold as “renewed”. They wipe the drives then use manufacturer’s tools to reset the clocks, effectively the same as winding back the mileage clock in a car. They are sold cheaper than new drives, but not really at a price that reflects their age and true used status.

    I bought 4x 14TB drives of this type, pretty sure they were listed as new, although some show as used. 1 drive was DOA and I’m still waiting on the refund.

    You can see tons of them on diskprices.com

    Edit: oh wait, this is a different scam. This is like a combination of the classic size scam with the data centre scam. Fun!

    It’s probably related to Amazon’s practice of binning all products with the same barcode together. So when someone sells something through Amazon their products get bundled with everyone else’s, and when someone buys they get one from the bundle. A counterfeiter basically poisons the stock, and you end up with counterfeiters selling legit products and legit sellers selling the counterfeit ones.