3,272 karma · joined June 17, 2010
If a woman is raped, and the guy claims it was consensual, do you think a woman should be able to point out that, "if I had any intention of sleeping with him I wouldn't have been wearing those underwear?" Or should that piece of evidence be excluded because clothing is never relevant?
I'm not sure what criteria you're using to judge that the proposal would be worse for a less wealthy litigant. Surely the proposal would be better in cases where one side is clearly right? The cost of patent litigation is currently huge. The only way a non-wealthy litigant can participate is with lawyers on contingency. No?
But I suspect fixing the legal costs is only a part of the patent problem. My understanding is that cases like the OP regularly go to verdict and find for the troll.
I have a comment and a question:
The comment. Summary judgement does not accomplish what I think sheepleherd was proposing. As you say, if you get a summary judgment against you, you go home. That means that a judge has to be convinced that there is definitely no case in order to issue one. What's needed, rather, is a speedy determination of who seems to be in the right. It should not be final but should determine who pays going forward.
The question. What do you see as the problem in cases like this? Or do you see a problem?
This was such a dumb sentence in an otherwise interesting post.
This makes it sound as though Russel showed the system to be incomplete, and the reference to Godel's theorem in the next paragraph reinforces the confusion. Russel instead showed the system to be inconsistent, which is much worse.
That's pretty simple, alright. Gee whiz. It's a good thing we have those abstruse theories from physics to tell us that people without money don't buy as much stuff.
I'm guessing this is a case of bad journalism -- anyone have a better layman's explanation?
I did not admit that most terrorism is in response to oppressive governments nor did I posit that there will be an increased number of attacks. Re-read what I wrote.
Hopefully you're right that terrorism will forever remain a "boogey man." I doubt it will. Unfortunately, if and when there is a major terrorist attack, all of the people saying what you're saying will have lost credibility and the chances of us ending up in a police state, at least for a period of time, will be quite high.
Regarding your question of the causes of terrorism, do you really believe that all terrorism is caused by government oppression or injustice? I doubt it. Even if it's the majority, there's always going to be plenty of unhappy people among the 7 billion on the planet. So I don't see you as having answered my challenge of imagining a stable secure society in a world where small groups can cause enormous damage. And I doubt that prevailing opinion will survive the first major terrorist attack that occurs. Note for your statistics: I'd count the number of major terrorist attacks to date as zero.
Fortunately, I also disagree with your assumption that a system of mass surveillance will necessarily result in a "police state" or at least the dystopian society that the term is intended to conjure.
Eventually, though, as technology advances allow smaller groups of people to inflict larger amounts of damage with fewer specialized resources, how do you imagine that society could be kept secure without surveillance (or something even more invasive)? It seems clear to me that the side arguing for unlimited encryption in communications will ultimately be on the wrong side of the issue, even if backdooring the iPhone isn't a good idea.