Indie iOS app developer with a passion for SwiftUI

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Joined 1 year ago
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Cake day: July 1st, 2023

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  • 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



  • lazyvar@programming.devtoMemes@lemmy.mlGoogle DRM when?
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    10 months ago

    Oh wow, they really closed it down huh?

    Not too long ago you were able to change it.

    This dumbing things down to prevent customers from fucking themselves over and using up CS resources is getting ridiculous.

    Say you need to change some settings but your modem/router isn’t online then you’re SOOL.

    Cox, who uses the same gateway, is even worse. They won’t even allow you to enable legacy mode (802.11b) for IoT devices that cheaped out on WiFi cards, not even on a separate network and their customer service can’t enable it either.

    I dread moving into a Cox region where there’s no fiber competitor available.



  • 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.






  • 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.





  • The US can look at how other countries, that don’t outright provide free education, do it instead of reinventing the wheel.

    Getting rid of the discharge protection is only a small part of it.

    It’s more important to set a legal maximum for college tuition for accredited institutions.

    Then make any subsidies and funds contingent being accredited.

    Lastly make federal loans contingent on enrollment to accredited institutions, with the additional benefit of being able to cap the loan amount at a level correlated to the legal maximum tuition (not to be confused with setting at the tuition level because living expenses need to be taken into account as well).

    Make the interest rate sub 1%, because the government shouldn’t profit off of you as it is a service and do away with private middle men that administer the loans, instead establishing a special loan administration agency.

    This will have as effect that institutions either get in line or lose all government funds and a significant portion of enrollments.

    If you then also manage to uphold a uniform quality level that you regularly inspect at the accredited institutions, you’ll end up with a clear, affordable choice of quality education v. unknown quality education that may or may not be a huge waste of non-publicly provided money.

    ETA:

    You can even take it a step further and follow more examples from abroad in terms of acceptance.
    Where you aim to get to a situation that everyone that applies with the pre-requisite prior education credentials, gets accepted.

    The way this is often done abroad is with a centralized application process managed by the government, in which you indicate your top 3 preferred colleges, the portal verifies your prior education (as it’s centrally registered) and then enrolls you in order of preference.
    For some studies, like law school, med school and psychology they’ll have more applicants than available spots, and in those cases it’s decided by lottery with slightly weighted chances based on your grade average.
    The end result is that the vast majority of people automatically get accepted and the ones that don’t get in via the lottery are almost guaranteed to be placed the following year.

    This solves the whole minority/legacy/etc. acceptance debacle, makes applying for schools less like applying for a job with writing essays and stuffing your resume with a bunch of extracurriculars and in the process makes the accredited institutions even more attractive compared to the potential hold outs that keep doing things the old fashioned way.



  • The proposal is bad enough as it is, but it’s the duplicitous gaslighting BS that really pisses people off.

    If they came out and said “We came up with this thing to prevent loss of revenue on ads and prevent LLMs from capturing data” then people would still be against it, but at least it would feel like an honest discussion.

    Instead it’s just another page out of Google’s playbook we’ve seen many times already.

    1. Make up some thinly veiled use cases that supposedly highlight how this would benefit users, while significantly stretching the definition of “users”
    2. Gaslight every one by pretending that people simply misunderstand what you’re proposing and what you’re trying to achieve
    3. Pretend that nobody provides reasonable feedback because everyone is telling you not to commit murder in the first place instead of giving you tips on how to hide the body
    4. Latch onto the few, inevitable, cases of people going too far to paint everyone opposing it in a negative light
    5. Use that premise to explain why you had to unilaterally shut down any and all avenues for people to provide comment
    6. Make the announcement that you hear people and that you’re working on it and that all will be well
    7. Just do what you want anyways with minimal concessions if any and rinse repeat

    For what it’s worth I blame W3C as well.
    Their relatively young “Anti-Fraud Community Group” has essentially green lit this thing during meetings as can be seen here:

    https://github.com/antifraudcg/meetings/blob/main/2023/05-26.md

    https://github.com/antifraudcg/meetings/blob/main/2023/07-07-wei-side-meeting.md