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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    1 year 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



  • 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.


  • 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 @danielbln@lemmy.world 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 @Carighan@lemmy.world 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 @JohnDClay@sh.itjust.works 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.








  • Most of these services are US-centric because a lot of the necessary records to provide the information isn’t public in many countries outside of the US.

    Birth records, death records, marriage records, divorce records, voting records, criminal records, etc. is considered public information in much of the US. Even address information can be found publicly and immigration records become available to the public after a certain time.

    In a lot of countries, especially in many European countries, these are hard to access for people that aren’t the subject of these records, if accessible at all.

    For example while court records are public in much of Europe, often times the names of private persons are censored because it’s not deemed necessary to know who the parties are to be able to check if the courts make fair decisions.
    This automatically excludes criminal and divorce information from disseminating into the public.

    Some countries will make some records public once the subject of those records have passed for X amount of years, but that’s still pretty rare.

    As such services like these have limited use outside the United States.


  • @mrmanager@lemmy.today was talking about European companies doing fine despite strong unions in Europe and there being a lack of companies toppling over due to the strong unions.

    They actually undersold it, because in many Western-European countries everyone benefits from union negotiations, even people that aren’t members of a union because the collective bargaining agreements unions manage to negotiate will affect everyone working in the relevant industry by virtue of laws deferring to those collective bargaining agreements.

    You in turn decided to reframe the discussion at hand from companies doing well to unemployment numbers and not just general unemployment numbers, but youth unemployment numbers because you felt it would serve your argument best.

    But if you look at the trends for unemployment then the story isn’t as bleak as you’d make it out to be. For starters general unemployment averages under 6% with only two countries being above 10% (and below 15%).
    Average youth unemployment sits at 13.9% with a hand full over 20%.

    However, both general and youth unemployment are on a steady downwards trend since 2013.
    One exception to this trend for general unemployment is during the pandemic, where it shows a bump and for youth unemployment there’s an additional minor bump in 2022, which suggests a correlation with the influx of refugees from Ukraine. This is the European source on these statistics.

    There will always be a higher unemployment rate in the EU compared to the US, especially when it comes to youth unemployment.

    This lies mainly in the fact that most European countries have a civil registry system that automatically keeps track of certain data, unemployment being one of them, whereas in the US this data is collected by the Census Bureau for the Bureau of Labor Statistics by conducting a survey of roughly 60,000 households.
    Another factor is a difference in definitions. A good example is the one from the website of the Bureau of Labor Statistics:

    Garrett is 16 years old, and he has no job from which he receives any pay or profit. However, Garrett does help with the regular chores around his parents’ farm and spends about 20 hours each week doing so.

    Lisa spends most of her time taking care of her home and children, but she helps in her husband’s computer software business all day Friday and Saturday.

    Both Garrett and Lisa are considered employed.

    Neither of them would be considered employed in most European countries. There are other such discrepancies, for example the US doesn’t include people under 16, whereas Europe looks at 15-24 for youth unemployment.

    And then there’s the cultural difference between the two markets about when people are expected to start working and subsequently the jobs that will be available.

    Which makes sense. Companies still need people, but if it’s more expensive to get low-end workers you just won’t hire entry level workers unless they’ve proven themselves beyond a shadow of a doubt.

    Your hypothesis is quite lacking.
    As stated, the trends have been going down for a decade now, if your hypothesis was true we’d see an upwards trend.
    Additionally, these labor protections, including protections against being laid off, have been around for decades, your hypothesis doesn’t offer an explanation why, despite these protections, unemployment is going down.
    Also, minimum wage, as is often paid for these kinds of jobs, is lower in most EU countries than in many US states, making it comparably cheaper to hire those kind of jobs in Europe than it is in the US, your hypothesis doesn’t explain why, despite this, the unemployment rate is higher in Europe than it is in the US.

    In short, your hypothesis nor the unemployment rate is relevant to what @mrmanager@lemmy.today was positing, so lets refocus to the topic at hand: the lack of companies toppling over like domino bricks despite the copious amounts of employee protection facilitated by strong unions.

    Perhaps afterwards, we can talk about the lack of landlords, corporate or otherwise, going bankrupt despite the strong tenant protections as well as the lack of companies selling merchandise to consumers pulling out of the market despite the strong consumer protections, and so and so forth.

    And then, maybe, just maybe, we can afterwards all come to the conclusion that these QoL improvements are attainable without some kind of economic doom scenario.


  • lazyvar@programming.devtoPrivacy@lemmy.mlProtonMail Rewrites Your Emails
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    1 year ago

    The scandal didn’t lie in following court orders, it lied in the marketing and the fact that the French ToS lacked any nuance to indicate that it would even be a possibility that ip would be logged.

    Furthermore, even when dealt with court orders, other companies that don’t tout privacy to be one of their core values, have chosen to fight such orders in court.
    Proton could’ve at least tried to show that they were putting their money where their mouth is, by challenging the order.