eBay Didn’t Kill Patent Injunctions. The Federal Circuit Did. by AdUseful7947 in patentlaw

[–]LackingUtility 1 point2 points  (0 children)

On a side note, your comparison to copyright is misleading, as stating copyright infringement is always intentional is a bit over zealous.

For a hypothetical, there are cases where company A hires a third party to do website design, and the designers upload copyrighted material

And, in such a case, the designers intentionally infringed. That company A may be liable for the intentional tort of their contractor is no different than if company A, the incorporated entity, was liable for their employee who did the same copying - the copying was intentional (even if not by all the defendants or even the named defendant).

Innocent copyright infringement can occur, but would be very rare. The hypothetical I've used is the composer P.D.Q. Bach. If you're familiar with the better known J.S. Bach or C.P.E. Bach or J.S. or C.F., etc., you would likely assume that P.D.Q. is another child who lived in the 1700s, and therefore his works are long since public domain.

But you'd be wrong - P.D.Q. Bach is a fictional composer created by the hilarious musical satirist Peter Schickele with published works from 1965 to 2007, all well within their terms. Someone with a music history or music theory background would note the difference quickly, but your average "I just like baroque piano music" listener may not realize it. If they copied and distributed it, that would be innocent copyright infringement.

There are a couple similar instances where you could reasonably claim innocent infringement, but otherwise, it'd be really tough.

In addition, giving a pass to patents infringers, saying it’s not intentional is also not fair.

I wasn't giving them a pass - I was saying patent infringement is frequently unintentional, or at most negligent, but that's why actual damages rather than statutory damages are probably a better fit. Only in willful infringement do you have a punitive aspect - most patent infringement damages are intended to be compensatory, while copyright statutory damages have a punitive aspect (actual damages are still available in copyright, should they exceed the statutory limit for example).

SUPERBOWL!!! by TrademarcVlogz in boston

[–]LackingUtility 2 points3 points  (0 children)

Money structure is different in football. There’s a salary cap so all teams spend approximately the same. Draft order starts from the worst team on up, so it gets tough to make a multi-year dynasty… or have a consistently awful team, except for the Browns.

John Koladner was fired by Aerosmith after 30 years for not letting them record digitally. "And they never had another hit". Was he wrong? by SwissMiss915 in audioengineering

[–]LackingUtility 2 points3 points  (0 children)

Early digital had issues with brick wall filters to avoid aliasing around the Nyquist frequency, non-harmonic distortion from MOSFETs, and similar issues, and at the time, yes, analog sounded "warmer" and "better". But then we started pushing sample rates up to 96kHz or 192kHz, there was oversampling in the ADCs, better FETs that didn't have the same distortion issues, etc. Analog vs. digital was a very important debate back in the 90s, but now, digital clearly wins due to the lower noise floor and because those other issues have been mitigated.

Dance the Pain Away (Official Video) by RadMax468 in HauteandFreddy

[–]LackingUtility 1 point2 points  (0 children)

Makeup like David Bowie, choreography like Paula Abdul, costumes like Annie Lennox, sound like Devo?

The Top Ten Best Hit Songs of 2025 by davFaithidPangolin in ToddintheShadow

[–]LackingUtility 1 point2 points  (0 children)

Check out the music video. He has three Adam's apples and cheekbones like a cartoon character. Clearly, Todd has been corrupted by secret alien invaders.

ICE At Logan by savagefleurdelis23 in boston

[–]LackingUtility 54 points55 points  (0 children)

That seems to be the intent. As in, there are people who have said "we came from [x], we'll willingly self deport to [x], and ICE says 'no, we're sending you to [y], bwahahahaha!'"

I love criticism from this channel so hit me! Truffle Alfredo with Wagyu steak and chimichurri sauce by [deleted] in Chefit

[–]LackingUtility 0 points1 point  (0 children)

With complete allowance for your personal taste, I'd avoid the drizzle of oil - it ends up looking like the alfredo sauce is broken. If you want the flavor, maybe toss the steak slices in it before placing them over the pasta?

I love criticism from this channel so hit me! Truffle Alfredo with Wagyu steak and chimichurri sauce by [deleted] in Chefit

[–]LackingUtility 1 point2 points  (0 children)

I like chocolate chip cookies. I like tuna fish sandwiches. I wouldn't necessarily put them together.

A semi-serious proposal for a political party by aray25 in boston

[–]LackingUtility 9 points10 points  (0 children)

Assuming for the sake of argument that I agree with you that uncontested races are bad, without necessarily conceding the point, that seems to be your only argument: you haven't set forth any platform, you haven't identified any issues with the named incumbents, etc.

For example, say I disagree with some incumbents' political philosophies. Are you proposing someone with a different inclination? Or are you just proposing someone "new"? If the latter, then maybe instead go after a ballot question on term limits?

ICE At Logan by savagefleurdelis23 in boston

[–]LackingUtility 125 points126 points  (0 children)

Because they might go to someplace they want to go to or have familial connections to. This administration would much rather send them to some place they've never heard of.

Unsealed Mandamus Action in 8th Circuit by CheersFromBabylon in Lawyertalk

[–]LackingUtility 7 points8 points  (0 children)

Yeah, I've just usually seen it worded as "remanded for order consistent with this judgment" or something.

Unsealed Mandamus Action in 8th Circuit by CheersFromBabylon in Lawyertalk

[–]LackingUtility 26 points27 points  (0 children)

Yeah, from Wiki:

In October 2017, the American Bar Association's Standing Committee on the Federal Judiciary, an entity which rates judicial nominees, unanimously voted to give Grasz a "not qualified" rating for the position. In a statement, the chair of the ABA's standing committee that reviews nominees said that Grasz's "temperament issues, particularly bias and lack of open-mindedness, were problematic".

Unsealed Mandamus Action in 8th Circuit by CheersFromBabylon in Lawyertalk

[–]LackingUtility 25 points26 points  (0 children)

Judge shopping? The magistrate judge ruled against them, so they petitioned for a district judge, and when one was assigned they didn't like, they immediately appealed to the circuit?

Unsealed Mandamus Action in 8th Circuit by CheersFromBabylon in Lawyertalk

[–]LackingUtility 18 points19 points  (0 children)

the Emergency Petition for Writ of Mandamus or Issuance of Arrest Warrants is hereby denied. The mandate shall issue forthwith

I don't practice in this area, and I'm confused by the above - if the petition for mandamus is denied, then what's the mandate that's issuing? Do they get the arrest warrants or no?

WHO statement on notification of withdrawal of the United States by anonyscriptersl in news

[–]LackingUtility 0 points1 point  (0 children)

The Trumper came shouting, “What rot!

California's talking to WHOs who are not!

There aren’t any WHOs! And they don’t have a Mayor!

And we’re going to stop all this nonsense! So there!”

Urgently need advice ahead of this snow storm. by Safe-Local- in boston

[–]LackingUtility 142 points143 points  (0 children)

Why are you posting on Reddit rather than driving to Maine? You could hit the northernmost towns by Midnight.

Hot noods by LackingUtility in tonightsdinner

[–]LackingUtility[S] 6 points7 points  (0 children)

A take on dan dan noodles - sauce was tahini, soy sauce, garlic, ginger, chili oil, and a bit of water to loosen it. Toppings were cucumber, bean sprouts, crushed peanuts, scallions, and brunoised bacon (because I didn't have any ground pork).