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  • notyoueither
    replied
    Originally posted by Asher View Post
    They blur out the faces of the people that work at the businesses. I also don't know of any that have occurred in a private room, most of the time they're out on the retail floor or counter (public place, etc).

    I don't think that matters.

    IIRC, in Canada the law is federal, and the law is that only one party of a 'conversation' need know it is being recorded for it to be legal.

    As far as blurring faces goes, they may do that when someone being taped is an 'innocent', like an employee who is doing as directed. They do not blur faces when they are showing the subject of a gotcha.

    I recall a recent local example where a hot young reporter took her laptop in for service and they showed the clip of the young loser who flipped through her photos (recorded by the webcam with tracking software recording use). Disclaimer: I am not a young loser.

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    1) "Heavily formatted"? How? It's just textual sentences, with a citation of legal authority between each sentence. If it was riddled with "*$@^%&@*%!(&(!*" then you might have a point, but merely citing authorities within a text is usually a good thing.
    Not when it's absolutely ****ing useless to me (see your statement on private databases).

    (relying on Rest. § 652B) (emphasis added); Doe v. Kohn Nast & Graf, P.C., 862 F.Supp. 1310, 1326 (E.D.Pa.1994) (summary judgment denied on employee's claim that employer intruded on his seclusion by searching through and reading personal medical documents on an employee's desk) (relying on Rest. § 652B).


    Yes, that's very enjoyable to read and succinct.

    2) Again, don't pretend like you wouldn't have pounced on ellipses.
    As long as you cited it. And don't pretend like there's no public record of these somewhere.

    4) Words are words. Learn to read.
    I can read, I'm just selective on it. If you don't take the time to make a post readable and relevant, I'm not going to take the time to read it.

    One of the most annoying and worthless online tactics is the shotgun style citation. You find as many quasi-related sources as possible and spam them full-text and hope it impresses someone and they just concede. I got burned by doing research into and reading your long quotes about one of the cases only to find out once I dug into it that it was a completely ****ing irrelevant court case pertaining to trespassing.

    Sure. It's still completely irrelevant to whether their argument's frivolous.
    If it's frivolous won't it immediately be tossed out of court?

    Leave a comment:


  • Asher
    replied
    Originally posted by notyoueither View Post
    You have seen consumer advocate clips on local news in Canada, yes?

    Gotcha journalism on CBC and CTV with hidden cams?
    They blur out the faces of the people that work at the businesses. I also don't know of any that have occurred in a private room, most of the time they're out on the retail floor or counter (public place, etc).

    Leave a comment:


  • notyoueither
    replied
    Originally posted by Asher View Post
    I'm just asking the question. I don't pretend to know the law here.

    If it indeed the case that you can simply record any conversation with anyone behind closed doors if you simply don't know them well ("member of the public"), then your country is very ****ed up.

    There's a right to privacy that needs to be balanced with the right to free speech.

    You have seen consumer advocate clips on local news in Canada, yes?

    Gotcha journalism on CBC and CTV with hidden cams?

    Leave a comment:


  • Darius871
    replied
    Originally posted by Asher View Post
    The word count of that post was astronomical. It was copy and pasted from a heavily formatted source whose format did not translate. It was unreadable to anyone who is not a masochist.

    If you wanted to make a point, you cite a summary that's directly relevant and link to a properly formatted source for more detail.

    This is pretty basic ****.
    1) "Heavily formatted"? How? It's just textual sentences, with a citation of legal authority between each sentence. If it was riddled with "*$@^%&@*%!(&(!*" then you might have a point, but merely citing authorities within a text is usually a good thing.

    2) Again, don't pretend like you wouldn't have pounced on ellipses.

    3) It should be obvious by now that these sources are only available on private databases and can't be linked.

    4) Words are words. Learn to read.

    Originally posted by Asher View Post
    I can "go to court" for some Birther clients too, and "some lawyers" would find it worthwhile. So what?


    So let them at it.
    Sure. It's still completely irrelevant to whether their argument's frivolous.

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    I can "go to court" for some Birther clients too, and "some lawyers" would find it worthwhile. So what?
    So let them at it.

    I'm not saying permit all frivolous lawsuits, I'm saying when it's not obviously a frivolous lawsuit (eg, someone being upset they were secretly recorded in a state which has laws against such things), it should be allowed to go the courts.

    If there is a direct precedent with no major variables changed, then I can see no point to pursue this in a full trial, but if there's no direct precedent with sufficient changes in major factors, then it may very well be legally distinct from other precedents.

    That's precisely why, by the way, you were able to find so many different "precedents" related to this. If they're sufficiently different, they go before the courts. If the courts worked as you are claiming they would, we'd only ever need 1 precedent for surreptitious recordings but demonstrably, there are many. All are different in their own ways.

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    How is a direct quote being a "blob" my problem? If I'd have trimmed it down to an essence with ellipses, your predictable response would have been that I was conveniently omitting things unfavorable to my point.

    The bottom line is that the legal authority is what decides this argument, and if you completely ignore it, then you have no argument.
    The word count of that post was astronomical. It was copy and pasted from a heavily formatted source whose format did not translate. It was unreadable to anyone who is not a masochist.

    If you wanted to make a point, you cite a summary that's directly relevant and link to a properly formatted source for more detail.

    This is pretty basic ****.

    Leave a comment:


  • Darius871
    replied
    Originally posted by Asher View Post
    And this is precisely what the defense attorney(s) will argue, I'm sure. Obviously at least some lawyers disagree.

    This is why they go to court. Taking them to court isn't a summary judgment.

    I can "go to court" for some Birther clients too, and "some lawyers" would find it worthwhile. So what?

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    No. Now you're the one operating on a faulty assumption. "Maryland law" is not the statute, but how the statute is interpreted by courts in the particular factual circumstances, and absent such interpretation, how the court would interpret it in light of other courts facing the same factual circumstances. "Private conversation" is an absolutely ****ing meaningless phrase without a judicial gloss, so they did not "violate Maryland law."
    And this is precisely what the defense attorney(s) will argue, I'm sure. Obviously at least some lawyers disagree.

    This is why they go to court. Taking them to court isn't a summary judgment.

    Leave a comment:


  • Darius871
    replied
    Originally posted by Asher View Post
    If you want people to read something, you need to not spam mostly irrelevant **** and throw in the odd relevant thing. If the signal to noise ratio is bad, it's not read.

    It had further strikes against it aside from your spammy nature in quoting ****:
    1) It's in legalese, which is painful to read
    2) It's extremely poorly formatted, it's a massive blob of text

    I guarantee you not a single person read that, despite what I'm sure Drake will claim to stir the pot.

    How is a direct quote being a "blob" my problem? If I'd have trimmed it down to an essence with ellipses, your predictable response would have been that I was conveniently omitting things unfavorable to my point.

    The bottom line is that the legal authority is what decides this argument, and if you completely ignore it, then you have no argument.

    Leave a comment:


  • Darius871
    replied
    Originally posted by Asher View Post
    The videotapes violated Maryland law, and thus there is a legal merit.

    No. Now you're the one operating on a faulty assumption. "Maryland law" is not the statute, but how the statute is interpreted by courts in the particular factual circumstances, and absent such interpretation, how the court would interpret it in light of what other courts have done when facing the same factual circumstances. "Private conversation" is an absolutely ****ing meaningless phrase without a judicial gloss, so they did not "violate Maryland law."

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    Then this discussion is pointless. The legal authority is just about the only thing worth reading, and that's what you skip?
    If you want people to read something, you need to not spam mostly irrelevant **** and throw in the odd relevant thing. If the signal to noise ratio is bad, it's not read.

    It had further strikes against it aside from your spammy nature in quoting ****:
    1) It's in legalese, which is painful to read
    2) It's extremely poorly formatted, it's a massive blob of text

    I guarantee you not a single person read that, despite what I'm sure Drake will claim to stir the pot.

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    Jesus, which part of "even supposing" don't you understand? It's called arguing in the alternative.

    1) Under a broad colloqial definition (described in my cites), it's frivolous.
    2) Even under a narrower definition (described in your own cite), it's still frivolous.

    What could get simpler than that?
    It's simple, but it's wrong. The videotapes violated Maryland law, and thus there is a legal merit. So under the narrower definition (requiring legal merit), it's not frivolous. It's only frivolous in the colloquial usage, which is to say you see little perceived value

    Leave a comment:


  • Darius871
    replied
    Originally posted by Asher View Post
    I didn't see it because you quoted a ****ing spammy wall of text without proper formatting.

    And how are quotes with the courtesy of bolding not "proper formatting"?

    Originally posted by Asher View Post
    It was never read.

    And that's why this discussion is pointless. The legal authority is just about the only thing worth reading, and that's what you skip?

    Leave a comment:


  • Asher
    replied
    Originally posted by Darius871 View Post
    How are Desnick and American Transmission not relevant? Also, if you'd bothered to read the authorities I'd cited, you'd see that the "relevant" Medical Laboratory Management Consultants case is just the 9th Circuit's affirmance of the "irrelevant" Medical Laboratory Management Consultants case I cited earlier...
    I never said that case was irrelevant earlier, I didn't see it because you quoted a ****ing spammy wall of text without proper formatting. It was never read.

    Leave a comment:

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