Indie iOS app developer with a passion for SwiftUI

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Cake day: July 1st, 2023

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  • lazyvar@programming.devtoTechnology@lemmy.world*Permanently Deleted*
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    10 months ago

    You’re right that a lot of Terms of Service documents and similar agreement documents have language that reserves the right to modify those terms.

    At the same time just because something is in the terms doesn’t mean it can stand the test of adjudication and terms as well as changes are often challenged in court with success.

    Unity is in a particular tricky situation because the clause that governed modifications in their last ToS explicitly gives the user the option to pass on modifications that adversely affects them and stick with the old terms:

    Unity may update these Unity Software Additional Terms at any time for any reason and without notice (the “Updated Terms”) and those Updated Terms will apply to the most recent current-year version of the Unity Software, provided that, if the Updated Terms adversely impact your rights, you may elect to continue to use any current-year versions of the Unity Software (e.g., 2018.x and 2018.y and any Long Term Supported (LTS) versions for that current-year release) according to the terms that applied just prior to the Updated Terms (the “Prior Terms”). The Updated Terms will then not apply to your use of those current-year versions unless and until you update to a subsequent year version of the Unity Software (e.g. from 2019.4 to 2020.1). If material modifications are made to these Terms, Unity will endeavor to notify you of the modification. If a modification is required to comply with applicable law, the modification will apply notwithstanding this section. Except as explicitly set forth in this paragraph, your use of any new version or release of the Unity Software will be subject to the Updated Terms applicable to that release or version. You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.

    https://web.archive.org/web/20201111183311/https://github.com/Unity-Technologies/TermsOfService/blob/master/Unity Software Additional Terms.md


  • I was wondering myself as well so I got you.

    Basically what happened was that these were technically two separate cases with two separate jury pools to decide the amount for damages.

    One jury pool came to the decision that there were damages and awarded $50k to each individual in couple 1 (totaling $100k) while the other jury pool independently decided that no damages should be awarded based on the same evidence.

    Keep in mind that this region is generally pretty hostile towards LGBTQ+ people. The judge had the option to overrule a jury if they find that the decision doesn’t match the evidence in the case.

    The lawyer of this lady is actually hoping for that in the case that lead to a $100k damages award as per the quote below.

    “Two juries heard the same evidence and the same arguments, and only one jury returned a verdict that was based on the facts and the evidence presented at trial,” Daniel Schmid, senior litigation counsel for Liberty Counsel and one of Davis’ attorneys, told CNN via email. “In the Yates case, the jury returned a verdict of $0.00 because that is what the evidence required.”

    “Without any evidentiary support, the Ermold jury reached a verdict of $50,000 for each plaintiff. The evidence presented at trial simply does not support that verdict, and Ms. Davis will be filing a motion for a judgment notwithstanding the verdict next week,” Schmid said. “Ms. Davis trusts that the courts reviewing the evidence presented will see that the Ermold verdict lacks any evidentiary support and will agree with the Yates jury that the plaintiffs are entitled to no damages whatsoever.”

    Source




  • I get asking for mercy for family or a close friend, even when they’ve committed crimes, heinous or otherwise. I’ll chalk that up to human emotions.

    But ffs, read the room a bit.

    His dedication to leading a drug-free life and the genuine care he extends to others make him an outstanding role model and friend.

    One of the most remarkable aspects of Danny’s character is his unwavering commitment to discouraging the use of drugs.

    His dedication to avoiding all substances has inspired not only me but also countless others in our circle. Danny’s steadfastness in promoting a drug-free lifestyle has been a guiding light in my journey through the entertainment world and has helped me prioritize my well-being and focus on make responsible choices.

    Saying stuff like that when he’s convicted of drugging victims before taping them is just nuts. Even by some sense of stupidity you think you’re just trying to highlight that he’s not a habitual drug user, you’re essentially just highlighting how calculated his actions were by drugging his victims.


  • Cue the nuclear shills that will handwave away any legitimate concern with wishful thinking and frame the discussion as solely pro/anti fossil, conveniently pretending that renewables don’t exist.

    ETA:

    Let’s look at some great examples of handwaving and other nonsense to further the nuclear agenda.

    Here @[email protected] brings up a legitimate concern about companies not adhering to regulation and regulators being corrupt/bought *cough… Three Mile Island cough*, and how to deal with that:

    So uh, turns out the energy companies are not exactly the most moral and rule abiding entities, and they love to pay off politicians and cut corners. How does one prevent that, as in the case of fission it has rather dire consequences?

    So of course the answer to that by @[email protected] is a slippery slope argument and equating a hypothetical disaster with thousands if not millions of victims and areas being uninhabitable for years to come, with the death of a family member due to faulty wiring in your home:

    Since you can apply that logic to everything, how can you ever build anything? Because all consequences are dire on a myopic scale, that is, if your partner dies because a single electrician cheaped out with the wiring in your building and got someone to sign off, “It’s not as bad as a nuclear disaster” isn’t exactly going to console them much.

    At some point, you need to accept that making something illegal and trying to prosecute people has to be enough. For most situations. It’s not perfect. Sure. But nothing ever is. And no solution to energy is ever going to be perfect, either.

    Then there’s the matter of misleading statistics and graphs.
    Never mind the fact that the amount of victims of nuclear disasters is underreported, under-attributed and research is hampered if not outright blocked to further a nuclear agenda, also never mind that the risks are consistently underreported, lets leave those contentious points behind and look at what’s at hand.

    Here @[email protected] shows a graph from Our World in Data that is often thrown around and claims to show “Death rates by unit of electricity production”:

    Seems shocking enough and I’m sure in rough lines, the proportions respective to one another make sense to some degree or another.
    The problem however is that the source data is thrown together in such a way that it completely undermines the message the graph is trying to portray.

    According to Our World in Data this is the source of the data used in the graph:

    Death rates from energy production is measured as the number of deaths by energy source per terawatt-hour (TWh) of electricity production.

    Data on death rates from fossil fuels is sourced from Markandya, A., & Wilkinson, P. (2007).

    Data on death rates from solar and wind is sourced from Sovacool et al. (2016) based on a database of accidents from these sources.

    We estimate deaths rates for nuclear energy based on the latest death toll figures from Chernobyl and Fukushima as described in our article here: https://ourworldindata.org/what-was-the-death-toll-from-chernobyl-and-fukushima

    We estimate death rates from hydropower based on an updated list of historical hydropower accidents, dating back to 1965, sourced primarily from the underlying database included in Sovacool et al. (2016). For more information, see our article: https://ourworldindata.org/safest-sources-of-energy

    Fossil fuel numbers are based on this paper which starts out by described a pro-nuclear stance, but more importantly, does a lot of educated guesstimating on the air-pollution related death numbers that is straight up copied into the graph.

    Sovacool is used for solar and wind, but doesn’t have those estimates and is mainly limited to direct victims.

    Nuclear based deaths is based on Our World in Data’s own nuclear propaganda piece that mainly focuses on direct deaths and severely underplays non-direct deaths.

    And hydropower bases deaths is based on accidents.

    So they mix and match all kinds of different forms of data to make this graph, which is a no-no. Either you stick to only accidents, only direct deaths or do all possible deaths that is possibly caused by an energy source, like they do for fossil fuels.

    Not doing so makes the graph seem like some kind of joke.





  • There are plenty of instances that are open, but it depends on your definition of “censored” if they are what you seek.

    Completely “uncensored” instances are rare if not non-existent because most instances will at least try to adhere to the laws of their jurisdiction and in addition will have some rules in place to keep things running smoothly and pleasant for everyone.

    Most big instances are run from the EU so they’ll often have rules regarding hate speech.

    Depending on your definition your only options might either be Japanese instances due to less strict laws around certain content or right wing instances, but both will be almost uniformly blocked on other instances.




  • There’s not much for him to be concerned about currently, given that he is dead.

    As for 16 yo Aaron who wrote that list of hot takes in order of controversy, is it really surprising that a kid that developed an opinion of free speech extremism penned that down?
    Especially after being inspired by this article as per his own admission?

    The article also helps provide context for the time period this was written in.
    Simple possession was still a relatively novel concept and simulated CSAM wasn’t criminal yet in the US.

    Don’t misconstrue my own position on the matter, I originate from, and was legally trained in, a jurisdiction that criminalizes hate speech, imposing a significantly broader limit on free speech than the US currently does, and I think that’s the better path to take.
    So I personally don’t adhere to free speech extremism.

    Nevertheless, while not agreeing with his take, I can see the logic that persuaded him.

    It’s essentially the facetious version of “Why stop here, why not also ban hate speech/guns/drugs/etc?”
    All of those can be argued to be gateways to the harm of others, perhaps even disproportionately children.

    To me it reads as him challenging the logic, not condoning the outcome much less the subsequent consequences. Very edgy indeed.

    As for those who bring up that he reinstated his blog multiple times and with it this particular post from when he was 16, as a way to posthumously attribute this to a more older adult version of him; I’m not sure it’s that cut and dry.

    As a fundamentalist such as himself it could also just be an exhibition of his free speech extremism perhaps combined with an effort to maintain transparency.

    After all, it could suggest an eroding of his beliefs on free speech if he would remove it “now” with little benefit to him since the cat’s already out of the bag, even if he disagreed with his former self at the time of restoring the blog.

    A better indication of his opinions later in life would be comments that reaffirm the prior expressed beliefs or, if the suspicion is that he practiced what he preached, one would expect this to have come out during the FBI investigation, considering they went through all his data.

    Do I think it’s healthy to consider him a hero, or anyone else for that matter?
    No not really, if only because the likelihood of heroes having irreconcilable blemishes is extremely high just by the very virtue of their, let’s say, unique thinking producing the things we love about them but also the things that might cause pause in many.



  • The presumption of innocence doesn’t preclude the fact that criminal courts don’t find someone innocent, rather they find someone not guilty.

    This is for the simple fact that it’s neigh impossible to establish someone’s innocence, whereas it’s easier to establish that there isn’t enough evidence to consider someone guilty.

    This case is, and sexual assault cases in general are, a great example why we can’t expect criminal courts to establish innocence.

    These are often cases with little evidence available either which way, because often there are no other witnesses. Even if there would be physical evidence of a sexual act, it’s still challenging to prove under what circumstances those acts have occurred, specifically on the matter of consent.

    To expect a court to be able to say with certainty that something hasn’t occurred is unreasonable.

    That is not to say that it isn’t good that we have these high standards before we impose punishment onto someone, but it is important to recognize what it means when a court comes to a decision.

    Additionally the presumption of innocence is just that, a presumption to establish who has the onus to prove something, there is no additional meaning attributed to it in the legal principle beyond establishing who has the onus to prove the facts at hand.

    In that regard it’s rather unfortunately named, as it would’ve been more apt to name it “the presumption of not guilty” but I suppose that doesn’t roll as nicely off the tongue

    To add to that, that the presumption is specifically a principle that only has meaning in criminal court, because the burden of proof is generally higher than in civil court.

    People can be, and have been, found liable in civil court for the very thing a criminal court has found them “not guilty” on, on the very basis that criminal court can’t establish innocence and that the bar that needs to be met in civil court is generally lower than in criminal court.

    As such to bring up the presumption of innocence in a vacuum is kind of like bringing up the generally recognized human right of freedom of speech when a social media company bans someone and removes their post.

    Yes, the concept exists, but it’s irrelevant because it doesn’t apply to the topic at hand, because the concept aims to govern a very specific circumstance that isn’t applicable here and withholding the important context surrounding it (i.e. the role it plays in criminal court for the presumption and the fact that it only limits governments for the freedom of speech) masks the limitations of said concept.

    None of the above aims to reflect my opinion on Spacey’s innocence (or lack thereof), rather it aims to provide the necessary details to put things into context.