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  1. Jun 2021
    1. AS TO THE FACTS

      as to the facts

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  2. May 2021
    1. 16      By judgment of 6 April 2017, the Viru Maakohus (Court of First Instance, Viru, Estonia) imposed on H. K. a custodial sentence of two years for having committed, between 17 January 2015 and 1 February 2016, a number of thefts of goods (of a value ranging from EUR 3 to EUR 40) and cash (in amounts between EUR 5.20 and EUR 2 100), used another person’s bank card, causing that person a loss of EUR 3 941.82, and performed acts of violence against persons party to court proceedings concerning her.17      In order to find H. K. guilty of those acts, the Viru Maakohus (Court of First Instance, Viru) relied, inter alia, on several reports which were drawn up on the basis of data relating to electronic communications, as referred to in Paragraph 1111(2) of the Law on electronic communications, that the investigating authority had obtained in the pre-trial procedure from a provider of electronic telecommunications services, after having been granted several authorisations for that purpose by the Viru Ringkonnaprokuratuur (Viru District Public Prosecutor’s Office, Estonia) in accordance with Paragraph 901 of the Code of Criminal Procedure. Those authorisations, granted on 28 January and 2 February 2015, 2 November 2015 and 25 February 2016, related to data concerning several telephone numbers of H. K. and various IMEI codes of hers, in respect of the period from 1 January to 2 February 2015, of 21 September 2015, and of the period from 1 March 2015 to 19 February 2016.18      H. K. brought an appeal against the judgment of the Viru Maakohus (Court of First Instance, Viru) before the Tartu Ringkonnakohus (Court of Appeal, Tartu, Estonia), which dismissed the appeal by judgment of 17 November 2017.19      H. K. lodged an appeal on a point of law against the latter judgment before the Riigikohus (Supreme Court, Estonia), contesting, inter alia, the admissibility of the reports drawn up on the basis of the data obtained from the provider of electronic communications services. In her submission, it follows from the judgment of 21 December 2016, Tele2 Sverige and Watson and Others (C‑203/15 and C‑698/15, ‘Tele2’, EU:C:2016:970), that the provisions of Paragraph 1111 of the Law on electronic communications which lay down the obligation on service providers to retain communications data, as well as the use of such data for the purpose of her conviction, are contrary to Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter.20      According to the referring court, the question arises whether the reports drawn up on the basis of data referred to in Paragraph 1111(2) of the Law on electronic communications may be regarded as constituting admissible evidence. That court observes that the admissibility of the reports at issue in the main proceedings as evidence depends on the question of the extent to which the gathering of the data on the basis of which those reports were drawn up was in conformity with Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter.21      The referring court considers that, in order to answer that question, it needs to be determined whether Article 15(1) of Directive 2002/58, read in the light of the Charter, must be interpreted as meaning that the access of State authorities to data making it possible to identify the source and destination of a telephone communication from a suspect’s landline or mobile telephone, to determine the date, time, duration and type of that communication, to identify the communications equipment used and to establish the location of the mobile communication equipment used amounts to interference with the fundamental rights at issue which is so serious that such access should be restricted to combating serious crime, regardless of the period in respect of which the State authorities have sought access to the retained data.22      The referring court takes the view, however, that the length of that period is an essential factor for assessing the seriousness of the interference represented by access to traffic and location data. Thus, where that period is very short or the quantity of data gathered is very limited, the question should be raised whether the objective of combating crime in general, and not only combating serious crime, is capable of justifying such an interference.23      Finally, the referring court has doubts as to whether it is possible to regard the Estonian public prosecutor’s office as an independent administrative authority, for the purposes of paragraph 120 of the judgment of 21 December 2016, Tele2 (C‑203/15 and C‑698/15, EU:C:2016:970), which is capable of authorising access of the investigating authority to data relating to electronic communications such as the data referred to in Paragraph 1111(2) of the Law on electronic communications.24      The referring court states that the public prosecutor’s office directs the pre-trial procedure, while guaranteeing its lawfulness and effectiveness. Since the objective of that procedure is, inter alia, to gather evidence, the investigating authority and the public prosecutor’s office verify the circumstances incriminating and exonerating any suspect or person accused. If the public prosecutor’s office is satisfied that all the necessary evidence has been gathered, it brings the public prosecution against the accused. The powers of the public prosecutor’s office are exercised in its name by a public prosecutor who carries out his or her duties independently, as follows from Paragraph 30(1) and (2) of the Code of Criminal Procedure and Paragraphs 1 and 2 of the Law on the public prosecutor’s office.25      In that context, the referring court observes that its doubts as to the independence required by EU law are principally attributable to the fact that the public prosecutor’s office not only directs the pre-trial procedure, but also represents the public prosecution at the trial, that authority being, pursuant to national law, party to the criminal proceedings.26      It was in those circumstances that the Riigikohus (Supreme Court) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:‘(1)      Is Article 15(1) of Directive [2002/58], in conjunction with Articles 7, 8, 11 and 52(1) of the [Charter], to be interpreted as meaning that in criminal proceedings the access of State authorities to data making it possible to establish the source and destination, the date, the time, the duration and the type of the communication, the terminal used and the location of the mobile terminal used, in relation to a telephone or mobile telephone communication of a suspect, constitutes so serious an interference with the fundamental rights enshrined in those articles of the Charter that that access in the area of prevention, investigation, detection and prosecution of criminal offences must be restricted to the fighting of serious crime, regardless of the period to which the retained data to which the State authorities have access relate?(2)      Is Article 15(1) of Directive [2002/58], on the basis of the principle of proportionality expressed in the judgment of [2 October 2018, Ministerio Fiscal (C‑207/16, EU:C:2018:788)], paragraphs 55 to 57, to be interpreted as meaning that, if the amount of data mentioned in the first question, to which the State authorities have access, is not large (both in terms of the type of data and in terms of its temporal extent), the associated interference with fundamental rights is justified by the objective of prevention, investigation, detection and prosecution of criminal offences generally, and that the greater the amount of data to which the State authorities have access, the more serious the criminal offences which are intended to be fought by the interference must be?(3)      Does the requirement mentioned in the judgment of [21 December 2016, Tele2 (C‑203/15 and C‑698/15, EU:C:2016:970)], second point of the operative part, that the data access of the competent State authorities must be subject to prior review by a court or an independent administrative authority mean that Article 15(1) of Directive [2002/58] must be interpreted as meaning that the public prosecutor’s office which directs the pre-trial procedure, with it being obliged by law to act independently and only being bound by the law, and ascertains the circumstances both incriminating and exonerating the accused in the pre-trial procedure, but later represents the public prosecution in the judicial proceedings, may be regarded as an independent administrative authority?’
    1.  VK is a party in appeal proceedings before the Supreme Court (Ireland) concerning determination of liability for the costs of judicial proceedings relating to the planning permission granted for the construction of a fallen-animal inspection unit close to his farm.8        The background to this reference for a preliminary ruling is a dispute in which the Supreme Court made an earlier reference for a preliminary ruling which gave rise to the judgment of 17 October 2018, Klohn (C‑167/17, EU:C:2018:833).9        Before the Supreme Court, VK had decided to conduct his own defence.10      Before the Court of Justice, he was represented by Ms O, Rechtsanwältin (lawyer), who is established in Germany.11      Following the delivery of the judgment of 17 October 2018, Klohn (C‑167/17, EU:C:2018:833), the case returned to the Supreme Court in order for it to rule on the appeal brought by VK in the light of the interpretation of the relevant EU law provisions resulting from that judgment.12      It is in that context that VK wished to engage Ms O, who is not established in Ireland, with a view to representing him in those proceedings before the Supreme Court.13      The referring court is uncertain whether Regulation 6 of the 1979 Regulations is compatible with EU law in so far as it requires a visiting lawyer to use the services of a lawyer who practises before the judicial authority in question, including in proceedings in which a party is entitled to conduct his or her own defence.14      Specifically, the referring court questions how it should interpret the judgment of 25 February 1988, Commission v Germany (427/85, EU:C:1988:98), in which the right of a Member State to require that a visiting lawyer work in conjunction with a lawyer who practises before the judicial authority in question was examined. That court asks, in essence, whether the interpretation adopted in that judgment precludes obliging a visiting lawyer to work in conjunction with a lawyer who practises before the judicial authority in question in all circumstances where his or her client would, in accordance with national law, be entitled to conduct his or her own defence.15      In that regard, the referring court states that the obligation to work ‘in conjunction with’ is limited. The lawyer who practises before the judicial authority in question therefore does not need to be the lawyer on record or the lawyer who presents the case in court. It is appropriate to leave to the two lawyers concerned, namely the visiting lawyer and the lawyer entitled to practise before the judicial authority in question, the task of defining the precise role each of them is to play. The role of the lawyer entitled to practise before the judicial authority in question consists, in general, in assisting the visiting lawyer in the event that adequate representation of the client and the proper fulfilment of obligations towards the judicial authority in question require knowledge or advice on national law, practice and procedure or ethics. Accordingly, the extent of that cooperation will depend heavily on the circumstances of each individual case, given that there is a real risk that a visiting lawyer might, inadvertently, fail in his or her duties to his or her client or to the judicial authority in question in the absence of assistance, in those areas, from a lawyer who practises before the judicial authority in question.16      Finally, the referring court notes that one of the ethical obligations that has to be complied with by any lawyer representing a party before the Irish courts lies in the obligation to research all relevant areas of the law and to bring to the attention of the judicial authority in question any legal element, whether legislative or case-law-based, liable to have a bearing on the proper course of the procedure. That obligation applies even if those elements are unfavourable to the cause defended by the lawyer in question. That is a feature of proceedings in common-law countries, where the bulk of the research necessary for a judicial authority to rule on the questions of law before it is carried out by the parties rather than by the judicial authority itself. The matter would be different only if they were conducting their own defence. In that situation, the judicial authorities themselves would have to assume responsibility in dealing with the legal issues.17      In those circumstances, the Supreme Court decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:‘(1)      Is a member state precluded from exercising the option to be found in Article 5 of Directive [77/249] which permits a member state to impose a requirement on a lawyer who is engaged in the activity of representing a client in legal proceedings “to work in conjunction with a lawyer who practises before the judicial authority in question”, in all circumstances where the party whom the visiting lawyer wishes to represent in such proceedings would be entitled to self-represent?(2)      If the answer to question 1 is no, by reference to what factors should a national court assess whether it is permissible to impose a requirement to “[work] in conjunction with”?(3)      In particular, would the imposition of a limited obligation to [work] “in conjunction with”, in the manner described earlier in this order for reference, amount to a proportionate interference in the freedom of lawyers to provide services so as to be justified, having regard to the public interest involved being both the need to protect consumers of legal services and the need to secure the proper administration of justice?(4)      If the answer to question 3 is yes, does that position pertain in all circumstances and, if not, what factors should a national court take into account in determining whether such a requirement can be imposed in a particular case?’
    1. Nationale Loterij is a limited company governed by public law established in Belgium, where it is responsible for organising public lotteries. By an application to the Rechtbank van koophandel te Antwerpen, afdeling Antwerpen (Commercial Court, Antwerp, Antwerp section, Belgium), it sought inter alia a declaration that the Lucky4All scheme is a prohibited pyramid promotional scheme, or at least a misleading commercial practice.
    1. K lives in an apartment which he owns, located in the building M5A. At the request of certain co-owners of that building, the association of co-owners adopted, at a general assembly held on 7 April 2016, a decision approving the installation of video surveillance cameras in that building. 15 In implementation of that decision, three video surveillance cameras were installed in the common parts of the M5A building. The first camera was pointed towards the front of the building, whereas the second and third cameras were installed, respectively, in the ground-floor hallway and in the building’s lift. 16 TK objected to that video surveillance system being installed, on the ground that it constituted an infringement of the right to respect for private life. 17 Having found that, notwithstanding the numerous steps undertaken by him and the written acknowledgment of the association of co-owners that the video surveillance system installed was unlawful, that system continued to operate, TK brought an action before the referring court requesting that the association of co-owners be ordered to remove the three cameras and to take them out of operation definitively, failing which a penalty payment would be imposed.
    1. On 29 October 2012, Y, a company established in Austria, made an application to the Federal Central Tax Office for a refund of the VAT credit at its disposal for the period from July to September 2012, by means of the electronic portal made available to it in its Member State of establishment. 19 In the application form filled in by Y, the numbers referred to as invoice numbers consisted, for each of the goods or services in question, not of a sequential number of the invoice, but of another number, which was in reference to the invoice. 20 By a notice of 25 January 2013, the Federal Central Tax Office rejected the refund applications corresponding to the invoices mentioned in the previous paragraph. 21 On 8 February 2013, Y challenged that notice. 22 That challenge was rejected by the Federal Central Tax Office by decision of 7 January 2014. 23 In the reasoning for that rejection, the Federal Central Tax Office stated that Y had not submitted a refund application in compliance with the legal requirements within the set deadline, that is, before 30 September 2013. In that respect, the Federal Central Tax Office stated that, on three occasions and prior to the expiry of that deadline, it had informed Y that the invoice numbers referred to in its application were not compliant with the legal requirements.
  3. Mar 2021
    1. ReconfigBehSci on Twitter: ‘many aspects to the vaccine pauses are worthy of discussion, but am I alone in thinking that undermining public perception of the regulators can only increase vaccine hesitancy? Can promoting trust in vaccine safety by publicly condemning decision really be a viable strategy?’ / Twitter. (n.d.). Retrieved 17 March 2021, from https://twitter.com/SciBeh/status/1372142352941379584

  4. Feb 2021
    1. The press release also quoted a UA assistant provost for institutional research who explained that while the swipes of student ID cards were not used in the current student retention analytics, about 800 other data points were

      The research in questions was not currently being used by the institution to improve rention, but other student data was already being used for that purpose

    2. The researcher noted that the data she had used had been anonymized before she was given access to it—however, she added that if/when her research might inform the ongoing efforts to improve student retention, the student’s personal details would be “shared” with the students' academic advisers.

      The data was anonymized before she was given access, but she admitted that there might be interest in sharing students' personal details with academic advisors

    3. She then used that data to create large networks mapping which students interacted with one another and how often.

      The researcher sought to track the personal interactions of students with one another

    4. On the university’s website, a press release

      The university share the finding of the research after the fact

    5. At the University of Arizona, for example, a researcher analyzed the swipes of student ID cards at locations across campus, “to see what they reveal about students' routines and relationships, and what that means for their likelihood of returning to campus after their freshman year.”

      Fact. Student ID Cards Collect Data Fact. A researcher was given access to this data for her own purposes.

    1. Maersk reports being responsible for 20% of global shipping capacity.  Roughly translated, that means a Maersk ship is entering a port somewhere in the world every 15 minutes, 24 hours a day, 7 days a week, 365 days a year.
  5. Jan 2021
    1. They may skim books for what they’ll “need to know.” They’re less likely to wonder, say, “How can we be sure that’s true?” than to ask “Is this going to be on the test?”

      This is completely true! As a student we honestly do not care about anything, as long as our grade is an A. I hate that it is true, because sometimes as a student, I just want to really learn for a second. Although it is nearly impossible when pressured is applied based on a letter grade that may or may not affect one's life. This class is really helping realize that it is not me, is that pressure kills the beauty of learning.

  6. Nov 2020
    1. And please stop saying that there are bugs everywhere except your code, we are both developers and may make a mistake in our code, so I prefer to investigate firstly and then say where the problem is.
  7. May 2020
  8. Feb 2020
  9. Jan 2020
    1. Amazing Facts about Logo Design that Might Shock YouSushmachoudharyJan 7 · 4 min readGraphic Design is one of the best methods for getting your brand recognized all over the world. Many startups and businesses invest heavily in their graphic design to ensure that they get the best graphics.A single design has a potential of conveying unspoken words, which makes it one of the most prominent way that brand uses to market their business. Since, Logo design is an essential element of branding therefore, it becomes important to know the facts about logo design and the famous logos.Pepsi paid $1 Million for Getting a Golden Ratio LogoPepsi hired designers and spent an estimated amount of $1 million dollar in designing their logo. It took around 5 months time to redesign the icon. Pepsi spent several million dollars to change their custom logo design from billboard, vehicle wrap, and other advertising campaigns.The reason for changing Pepsi logo to match the golden ratio proportion is because golden ratio proportion is considered to be the most attractive and harmonious designs to look at.Nike Logo Swoosh is Actually an Goddess’s FeatherNike is named after the Goddess with the same name Nike. The goddess personified victory and often portrayed with wings. These wings became the inspiration for Nike, Inc. Nike logo is one the most recognized logos in the world with an estimated worth of $26 Billion alone.In 1983, the designer Carolyn Davidson, also known as “The Logo Lady” was gifted with a golden Swoosh ring with an embedded diamond and 500 shares (Worth $1,000,000 as of 2015) of Nike stock to express his gratitude.Starbucks Logo Takes Inspiration from Greek MythologyStarbuck logo represents a mermaid holding two tails. She was a siren in Greek mythology that lured the sailors. Alternatively, she was connected with European folktale Melusine, who married a human. The logo of Starbucks was changed throughout the years. The most recent version of the logo is more friendly and recognizableBaskin Robbins Has “31” Masked in their LogoBaskin Robbins is an ice cream and cake chain company having various branches throughout the world. The company began its operation in 1945 with 31 flavors of ice cream. You can find the number “31” concealed in their logo.Apple LogoThe Apple logo was created back in 1977 with analogous tools, therefore, needed an update. It took $50K to digitize the apple logo.McDonald's Logo Has a Hidden MeaningMcDonalds Logo does not just represent the word “M” but resembles female breasts. In 1962, the logo for McDonald's was re-designed. They hired a psychologist named Louis Cheskin who suggested them to use golden arcs making an “M” which would make them remind them of their childhood.BMW Logo Is Not a PropellerThe BMW logo is not a propeller it was popularly known for, but represents the flag of Bavaria.BMW LogoBavaria FlagTwitter LogoTwitter logo was bought for just $15 when the company was launched. The designers of the twitter logo, Simon Oxley received just $6 for selling the logo. Later, Twitter hired renowned designers to redesign the same bird logo.If you are a business and want to get your logo, organizing a graphic design contest is the best option.MGM Logo used 7 different LionsMGM logo uses 7 different lions for their iconic logo. The Lions were trained to roar on cue to get the right mascot logo.An image was circulated on the internet depicting the lion being ill treated for getting the right logo but, it's fake, the image was photoshopped and the lion was going through an MRI scan.

      These are 10 amazing Facts about logo design that will help you learn about your favorite brand.

  10. Nov 2019
  11. Oct 2019
    1. This being the City of Ryde, political vendettas are never far from the surface.

      That would have to include the vendetta that prompted the call to The Hasbeen, resulting in your misguided story drawing on incomplete facts and coverage dating back to 2014.

      Mental note: This is the type of story that will be perfect for robot journalists when The Hasbeen boosts its editorial quality by replacing its newsroom with robots.

    2. For the uninitiated, Granny Smith was Maria Ann Smith, a resident of the area who in 1868 "accidentally" grew the first batch of green apples that now bear her name.

      Yes, good thinking. Throw in a truthful fact or two. Impressive!

  12. May 2019
  13. Apr 2019
    1. There is no question that technology is becoming a part of our lives more every day. What we have to take a closer look at is the increasing dependency that children have on smart devices, which is taking over all other normal childhood activities, an important occurrence because it is interfering with normal childhood development and negatively impacting relationships between parents and children. Smartphones give young adults access to almost unlimited information and almost unlimited content that they may not yet be equipped to navigate. Every parent wants to know what is going on in their child's life, but with smartphones, this is highly suggested just to make sure the internet has not led them down a dark path. For example, an astonishing study found that 19% of young adults ages 13-19 sent sexually suggestive content online, and 31% had received this type of content. Smartphones make exposure to these things at an early age much easier, and preventing the exposure much harder. There are many restrictions and blocks that can be put in place to help guide children in the right parts of the internet, but there is still the issue of time management on devices. Smartphones and other smart devides have taken the place of activities that should be prioitized for a healthy lifestyle, such as homework and exercise. One aspect that has drawn many children into overuse of technology is online gaming. Online games often have interactions with other online players, which allows children to feel as if they are socializing without actually interacting with friends, especially for children who struggle with in person interaction.

      ​While this may be beneficial for short term socializing or motor skills, in the long-run, the children are choosing to sit and stare at a screen instead of interacting with people around them, or doing productive things such as homework, so the short-term benefits are outweighed by long-term consequences.

  14. Mar 2019
    1. he question arises as to what kind of individuals benefitfrom the introduction of ridesharing.Smith(2016) provides some survey evidence on this issue. In 2015, the Pew Research Center surveyed 4,787 adult Americans on issues related to the digital economy. Part of the survey was focused on ridesharing. The survey found three interesting statistics:(i) about 15% of Americans use ridesharing apps, but one-third do not know about these services; (ii)the use of ridesharing platforms is more popular among young adults who live in urban areas who are well educated; and (iii) frequent users of ridesharing services are less likely

      statistics that divide users of ride sharing services into different categories

    2. They estimate that Uber’s basic ride service (UberX) generated about $2.9 billion in consumer surplus for New York, Chicago, Los Angeles and San Francisco in 2015(in 2015 dollars). Extended to the country as a whole, the authors estimate that consumer surplus gains would be about $6.8 billion. This consumer surplus value is larger than the current annual revenues of Uber worldwide, anddoes not include the benefits

      evidence with facts and figures.

    3. Uber has attracted dramatically increased the number of new “driver-partners” for the basic ridesharing service, from fewer than 1,000 in January 2013 to almost 40,000 new drivers starting in December 2014 (Hall and Krueger, 2015).5Currently, more than half of American adults have heard of ridesharing apps like Uber and Lyft, with 15% actuallyusingthe services (Smith, 2016). In China, Didi facilitates 7 million rides per day (Floyd, 2016)

      facts and figures

  15. Dec 2018
  16. Sep 2018
    1. we may well be reading more today than we did in the 1970s or 1980s, when television was our medium

      This caught by attention because adults now a days try to say our generation does not read as much. However, this argument implies that we are still reading just as much but it primarily done through a screen.

    1. predictive analysis

      Predictive analytics encompasses a variety of statistical techniques from data mining, predictive modelling, and machine learning, that analyze current and historical facts to make predictions about future or otherwise unknown events.

  17. Jul 2018
    1. The fact that stimuli that have high association values are easily learned and remembered means that it is easier to learn new meanings for stimuli that already have multiple meanings;

      this fact is unbelievably true !

    2. it is much easier to remember places, objects, or rooms in a building by name than by number, because names have higher association values than numbers.

      a clear proof of the importance of association in learning process.

  18. Jan 2018
    1. We now have influential partisan media outlets that help people believe what they want to believe, irrespective of factual accuracy. Inconvenient facts are labeled “fake news” and disregarded. In a nutshell, we no longer inhabit a shared reality, and as a result, major problems are going unaddressed because a segment of Americans rejects inconvenient truths

      This is such an incredible statement about the situation we are in--like saying we have gone through the looking glass...

    1. there will come a generation that had got beyond facts, beyond impressions, a generation absolutely colourless, a generation seraphically free From taint of personality,

      This sounds like where we are now with alt-facts...

  19. Jul 2017
    1. When he read the Web address, http://pubweb.northwestern.edu/~abutz/di/intro.html, he assumed that the domain name “northwestern.edu” automatically meant it was a credible source. He did not understand that the “~” character, inserted after the domain name, should be read as a personal Web page and not an official document of the university.

      Even though I consider myself web literate enough to tell the difference between a personal and academic page, I honestly didn't know that the "~" denoted that. I really need to get better about thinking of web addresses and code as a language (which they are).

  20. Jun 2017
  21. May 2017
    1. But let's properly define the problem. History and experience tell me it's not a post-truth era: Facts have always been hard to separate from falsehoods, and political partisans have always made it harder. It's better to call this a post-trust era.

      We are not post-truth, we're post-trust.

      Kind of. A lot of people "trusted" the Denver Guardian because it fit within their pre-existing narrative framework. Maybe we are "post-trust" with the institutions and organizations that got us this far: traditional mainstream media, higher ed, researchers and scientists.

  22. Apr 2017
    1. But six of the cases got their measles-mumps-rubella vaccine—the MMR shot—and still managed to get infected.

      brought focus to the key facts

  23. Mar 2017
    1. as long as you are willingto pay extra, someone will offer you an option to enjoy an extra

      falschfalschfalsch: Sicherheit und Anonymität gibt es nicht für Geld, denn das setzt Vertrauen voraus in einen Geschäftspartner, der wiederum den Zwänge von Konkurrenz und Wachstum unterworfen ist. Wie kann ich da vertrauen, wenn möglicherweise immer wer kommt, der besser zahlt und sich somit der Vertragsbruch mit mir lohnt (und da helfen auch Vertragsstrafen nichts. Die heben nur den Preis für den Dritten.)

      Einzig Freie Software, die von lebendigen Communities betreut wird und die benutzerseitig vernünftig gewartet wird, garantiert das aktuell je mögliche Maximum an Sicherheit und Privatheit. Die Wartungsarbeit lässt sich tatsächlich arbeitsteilig organisieren: Aber sicherer ist es wiederum, wenn Grundlage dieser Arbeitsteilung ein politisches oder soziales Verhältnis ist und nicht ein Vertragsverhältnis zwischen Martkteilnehmern. In dieser Nische operieren Community Service Provider wie so36.net, riseup.org etc.

      Und in einem Kapitelfazit wie hier ist so ein unbedacht dahingeschriebener Satz (denn ich weiß, dass ers besser weiß! Aber warum schreibt er dann sowas?!) fatal.

    2. producing

      Die Daten werden im Alltag von Menschen und Maschinen produziert. Was hier gemeint ist, ist "accumulating": Wer in der Lage ist, die meisten Daten zu sammeln, zusammenzukaufen oder eben produzieren zu lassen, der ...

      In dieser anderen Sichtweise fällt dann nämlich die Möglichkeit des "Datenstreiks" auf: Wenn wir uns der Arbeit des Daten-Produzierens entziehen, dann haben die Datenkonzerne auch kein Futter mehr für ihre AI. Wir müssen zwar - so ist die Realität beschaffen -, um zu überleben, bestimmte Datenspuren legen, aber wir können uns darin organisieren, streiken und unsere Position so verbessern.

      Nicht anders hat es die alte Arbeiterbewegung mit ihrer Arbeit auch gemacht, obwohl sie "von ihr" auch leben musste. Datenproduktion ist Arbeit. Die Smart City ist die Fabrik der Datenindustrie, das Smarte Home die Produktionseinheit und das Smarte Self ist der/die Arbeiter*in. Hat nur noch kaum wer realisiert...

    3. e likes of Airbnb do not want to share data th

      Ist ja so alleine technisch schon nicht richtig. Um ihren Service anzubieten, müssen sie ja Daten veröffentlichen: alle Angebote mit den Angebotsdetails auf ihrer Webseite. Die lassen sich systematisch und automatisch abfragen, in eine eigene Datenbank legen und dann auswerten. Dass das die AGB nicht erlauben, steht auf einem anderen Blatt. In sozialen Auseinandersetzungen ist u.a. umkämpft, was erlaubt ist und was nicht.

      Gemacht haben das der Tagesspiegel und eine unabhängige Datenjournalistengruppe für Berlin: Häuserkampf Airbnbvsberlin wollten explizit die größten Anbieter rausfinden und haben das einzig mit den öffentlich zugänglichen Daten geschafft.

      Im folgenden fordert der Text dann also etwas durchaus richtiges (Aufbau eigener Infrastruktur) aus einer falschen Argumentation heraus.

    4. etition. Customers, as long as they are promised low rates, do not seem to mind.

      Die Absätze hier sind geprägt von so einem untergründigen "alles wird billiger und deshalb machen alle mit".

      Erstens stimmt der erste Teil nicht (Kosten werden externalisiert) und zweitens der zweite auch nicht (nur eine bestimmte Klientel macht mit).

      Da der Text aber Smart Self ausklammert, kann er diesen Feinheiten nicht auf die Spur kommen. Dass das dann zu verkehrten Schlussfolgerungen führt (die non-neoliberal city im "double bind", S. 17), ist das dramatische an der Sache.

    5. into the genealogy of the term point

      Warum er hier so entschieden strategische Entscheidungen großer Konzerne als "Ursprung" der Entwicklung ausmacht, leuchtet mir nicht ein. Feedbackschleifen erfunden hat IBM jedenfalls nicht. Das waren die Kybernetiker und Ingenieure der Flugabwehroptimierung im zweiten Weltkrieg. Die "Smartheit" hat ihren Ursprung im Militärisch-industriellen Komplex in den USA mitte des 20. Jahrhunderts. Da war IBM sicher Teil davon. Aber nur IBM zu nennen und eine strategische Umorientierung auf Dienstleistungen, greift zu kurz und führt in die Irre.

  24. Feb 2017
    1. the liar, whom no one trusts and everyone excludes.

      I wonder what Nietzsche would think about the Trump Administration's rise to power. The "success" of D. Trump and his cronies (Spicer, Conway, etc.), who lie time and time again, seems to contradict this comment?

    2. hus "truth" is u rhetorical construction arising from the creative use of lan-guage to make an effective social arrangement.

    1. however, seem not so much to have disagreed in their conceptions of the nature of the same thing, as lo have had dif-ferent things in view while they employed the same term.

      ...could we also use this distinction to support the existence of alternative facts?

    1. being

      This word is key in allowing Douglas to personify the idea of a "brand new fact." And yet this polish is short lived, as Collins will ask for "just the facts."

      As if Fred found himself to be a brand new word in the dictionary; rather than ask his place in a sentence, Collins wants the scientific, dictionary definition of this fact... surely that will tell him all he needs to know!

      Well as a matter of fact...

    1. “kernel of truth”

      Nay, even in those performances where truth, in regard to the individual facts related, is neither sought nor expected...truth still is an object to the mind, the general truths regarding character, manners, and incidents. When these are preserved, the piece may justly be denominated true, considered as a picture of life; though false, considered as a narrative of particular events. -Campbell (906)

    1. Rather, taste is the basis of judgments not only about what is beautiful (or personally pleasing) but also about what is virtuous.

      A curious conflation of opinion, virtue, and beauty. I like this understanding of "taste" as I think it expresses the attitude that opinion is equivalent to fact that has emerged in the past few years with the rise of social media.

    1. applies the words of any language to ideas different from those to which the common use of that country applies them, however his own understanding may be filled with truth and light, will not by such words be able to convey much of it to others, without defining his terms.

      The greatest rhetorical challenge of the Trump Era?

      What is a Fact?

  25. Jan 2017
    1. He explained millennials grew up in an environment where 'every child wins a prize' only to find the 'real world' after school is much different.

      Do the first several sentences cover all the basic facts of the story: Who, what, when, where, why, how. How are the first several sentences attempting to manipulate the reader?

  26. Dec 2016
    1. al telephone.

      Helen Keller was associates with important such as Alexander Graham bell and President Roosevelt.

    1. Helen Keller became a member of the Socialist Pary in 1909 and by 1912, she had become a national voice for socialism and working class solidarity.

      Helen Keller was a main voice for socialism and suppurated it very much so.

  27. Sep 2016
    1. I am not religious. I do not believe that personhood is conferred upon conception. But I also do not believe that a human embryo is the moral equivalent of a hangnail and deserves no more respect than an appendix. Moreover, given the protean power of embryonic manipulation, the temptation it presents to science, and the well-recorded human propensity for evil even in the pursuit of good, lines must be drawn. I suggested the bright line prohibiting the deliberate creation of human embryos solely for the instrumental purpose of research -- a clear violation of the categorical imperative not to make a human life (even if only a potential human life) a means rather than an end.

      The key information is the author believes that a human embryo is something we should consider that exists and there should be boundaries to this type of resaerch

  28. Aug 2016
    1. Credibull score = 9.77 / 10

      To provide feedback on the score fill in the form available here

      What is Credibull? getcredibull.com

  29. Dec 2015
    1. facts, which are simply “path equivalences” in an olog. It isthe notion of path equivalences that make category theory so powerful.Apathin an olog is a head-to-tail sequence of arrows
  30. Mar 2015
    1. Python is in fact compiled to bytecode
    2. A now-famous early usage of Python was in 1996: Google’s first successful web crawler.

      It is interesting to know that this fact on Python!

  31. Feb 2014
    1. A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court.
    1. Facts: Pinpoint the determinative facts of a case, i.e., those that make a difference in the outcome. Your goal here is to be able to tell the story of the case without missing any pertinent information but also not including too many extraneous facts either; it takes some practice to pick out the determinative facts, so don’t get discouraged if you miss the mark the first few times. Above all, make sure you have clearly marked the parties’ names and positions in the case (Plaintiff/Defendant or Appellee/Appellant).
    1. MINTURN, J. The plaintiff occupied the position of a special police officer, in Atlantic City, and incidentally was identified with the work of the prosecutor of the pleas of the county. He possessed knowledge concerning the theft of certain diamonds and jewelry from the possession of the defendant, who had advertised a reward for the recovery of the property. In this situation he claims to have entered into a verbal contract with defendant, whereby she agreed to pay him $500 if he could procure for her the names and addresses of the thieves. As a result of his meditation with the police authorities the diamonds and jewelry were recovered, and plaintiff brought this suit to recover the promised reward.
      • Plaintiff makes a verbal contract with defendant. In return for $500, plaintiff will find defendant's stolen jewels.
      • Plaintiff had knowledge of whereabouts of jewels at contract formation.
      • Plaintiff is a special police officer and has dealings with prosecutor's office.
      • Defendant published advertisement for reward.
      • Plaintiff finds stolen goods and arranges return.
    1. antive issue : A substantive statement of the issue consists of two parts -- i. the point of law in dispute ii. the key facts of the case re lating to that point of law in dispute (legally relevant facts) You must include the key facts from the case so that the issue is specific to that case. Typically, the disputed issue involves how the court applied some element of the pertinent rule to the facts of the specific case. Resolving the issue will determine the court’s disposition of the case.
      • the point of law in dispute
      • the key facts of the case relating to that point of law in dispute (legally relevant facts)
    2. b. Identify legally relevant facts, t hat is, those facts that tend to prove or disprove an issue before the court. The relevant facts tell what happened before the parties enter ed the judicial system. c. Identify procedurally significant facts. You should set out (1) the cause of action (C/A) (the law the plaintiff claimed was broken), (2) relief the plaintiff requested, (3) defenses, if any, the defendant raised.
    3. Identify the relationship/status of the parties (Note: Do not merely refer to the parties as the plai ntiff/defendant or appellant/appellee; be sure to also include more descr iptive generic terms to identify the relationship/status at issue, e.g., buyer/seller, employer/employee, landlord/tenant, etc.)

      Identify the factual relationship of the parties, not just the procedural relationship.

      Examples of procedural:

      • plaintiff/defendant
      • appellant/appellee

      Examples of factual:

      • buyer/seller
      • employer/employee
      • landlord/tenant
    1. F a c t u a l c o m p i l a t i o n s , o n t h e o t h e r h a n d , m a y p o s s e s s t h e r e q u i s i t e o r i g i n a l i t y .

      Factual compilations may possess the requisite originality and so may be copyrightable.

    2. C e n s u s t a k e r s , f o r e x a m p l e , d o n o t " c r e a t e " t h e p o p u l a t i o n f i g u r e s t h a t e m e r g e f r o m t h e i r e f f o r t s ; i n a s e n s e , t h e y c o p y t h e s e f i g u r e s f r o m t h e w o r l d a r o u n d t h e m . D e n i c o l a , C o p y r i g h t i n C o l l e c t i o n s o f F a c t s : A T h e o r y f o r t h e P r o t e c t i o n o f N o n f i c t i o n L i t e r a r y W o r k s , 8 1 C o l u m . L . R e v . 5 1 6 , 5 2 5 ( 1 9 8 1 ) ( h e r e i n a f t e r D e n i c o l a ) . C e n s u s d a t a t h e r e f o r e d o n o t t r i g g e r c o p y r i g h t b e c a u s e t h e s e d a t a a r e n o t " o r i g i n a l " i n t h e c o n s t i t u t i o n a l s e n s e . N i m m e r § 2 . 0 3 [ E ] . T h e s a m e i s t r u e o f a l l f a c t s — s c i e n t i f i c , h i s t o r i c a l , b i o g r a p h i c a l , a n d n e w s o f t h e d a y . " [ T ] h e y m a y n o t b e c o p y r i g h t e d a n d a r e p a r t o f t h e p u b l i c d o m a i n a v a i l a b l e t o e v e r y p e r s o n . " M i l l e r , s u p r a , a t 1 3 6 9 .

      Census takers do not create; they merely copy the figured from the world around them. All facts-- scientific, historical, biographical, and news of the day-- may not be copyrighted and are part of the public domain.

    3. I t i s t h i s b e d r o c k p r i n c i p l e o f c o p y r i g h t t h a t m a n d a t e s t h e l a w ' s s e e m i n g l y d i s p a r a t e t r e a t m e n t o f f a c t s a n d f a c t u a l c o m p i l a t i o n s . " N o o n e m a y c l a i m o r i g i n a l i t y a s t o f a c t s . " I d . , § 2 . 1 1 [ A ] , p . 2 - 1 5 7 . T h i s i s b e c a u s e f a c t s d o n o t o w e t h e i r o r i g i n t o a n a c t o f a u t h o r s h i p . T h e d i s t i n c t i o n i s o n e b e t w e e n c r e a t i o n a n d d i s c o v e r y : T h e f i r s t p e r s o n t o f i n d a n d r e p o r t a p a r t i c u l a r f a c t h a s n o t c r e a t e d t h e f a c t ; h e o r s h e h a s m e r e l y d i s c o v e r e d i t s e x i s t e n c e . T o b o r r o w f r o m B u r r o w - G i l e s , o n e w h o d i s c o v e r s a f a c t i s n o t i t s " m a k e r " o r " o r i g i n a t o r . " 1 1 1 U . S . , a t 5 8 . " T h e d i s c o v e r e r m e r e l y f i n d s a n d r e c o r d s . " N i m m e r § 2 . 0 3 [ E ] .

      No one may claim originality to facts because facts do not owe their origin to an act of authorship. The distinction is one between creation vs discovery.

    4. T h e r e i s a n u n d e n i a b l e t e n s i o n b e t w e e n t h e s e t w o p r o p o s i t i o n s . M a n y c o m p i l a t i o n s c o n s i s t o f n o t h i n g b u t r a w d a t a — i . e . , w h o l l y f a c t u a l i n f o r m a t i o n n o t a c c o m p a n i e d b y a n y o r i g i n a l w r i t t e n e x p r e s s i o n . O n w h a t b a s i s m a y o n e c l a i m a c o p y r i g h t i n s u c h a w o r k ? C o m m o n s e n s e t e l l s u s t h a t 1 0 0 u n c o p y r i g h t a b l e f a c t s d o n o t m a g i c a l l y c h a n g e t h e i r s t a t u s w h e n g a t h e r e d t o g e t h e r i n o n e p l a c e . Y e t c o p y r i g h t l a w s e e m s t o c o n t e m p l a t e t h a t c o m p i l a t i o n s t h a t c o n s i s t e x c l u s i v e l y o f f a c t s a r e p o t e n t i a l l y w i t h i n i t s s c o p e
    5. i t i s b e y o n d d i s p u t e t h a t c o m p i l a t i o n s o f f a c t s a r e w i t h i n t h e s u b j e c t m a t t e r o f c o p y r i g h t . C o m p i l a t i o n s w e r e e x p r e s s l y m e n t i o n e d i n t h e C o p y r i g h t A c t o f 1 9 0 9 , a n d a g a i n i n t h e C o p y r i g h t A c t o f 1 9 7 6
    6. T h i s c a s e c o n c e r n s t h e i n t e r a c t i o n o f t w o w e l l - e s t a b l i s h e d p r o p o s i t i o n s . T h e f i r s t i s t h a t f a c t s a r e n o t c o p y r i g h t a b l e ; t h e o t h e r , t h a t c o m p i l a t i o n s o f f a c t s g e n e r a l l y a r e . E a c h o f t h e s e p r o p o s i t i o n s p o s s e s s e s a n i m p e c c a b l e p e d i g r e e . T h a t t h e r e c a n b e n o v a l i d c o p y r i g h t i n f a c t s i s u n i v e r s a l l y u n d e r s t o o d . T h e m o s t f u n d a m e n t a l a x i o m o f c o p y r i g h t l a w i s t h a t " [ n ] o a u t h o r m a y c o p y r i g h t h i s i d e a s o r t h e f a c t s h e n a r r a t e s . " H a r p e r & R o w , P u b l i s h e r s , I n c . v . N a t i o n E n t e r p r i s e s , 4 7 1 U . S . 5 3 9 , 5 5 6 ( 1 9 8 5 ) .

      The most fundamental axiom of copyright law is that "no author may copyright his ideas or the facts he narrates." Harper & Row, Publishers, Inc. v. Nation Enterprises, 471U. S.539,556 (1985).

  32. Oct 2013
    1. how persuasion can be produced from the facts themselves.

      first form of persuasion is to determine how compelling or persuasive are the facts, and how the facts will be perceived by the audience.

    2. The second is how to set these facts out in language.

      with consideration to audience and purpose

    1. We are not to make long narrations, just as we are not to make long introductions or long arguments. Here, again, rightness does not consist either in rapidity or in conciseness, but in the happy mean; that is, in saying just so much as will make the facts plain, [1417a] or will lead the hearer to believe that the thing has happened, or that the man has caused injury or wrong to some one, or that the facts are really as important as you wish them to be thought: or the opposite facts to establish the opposite arguments.

      Narratives need to be long enough to say what you need to but not too long.

    1. Enthymemes are based upon one or other of four kinds of alleged fact: (1) Probabilities, (2) Examples, (3) Infallible Signs, (4) Ordinary Signs.

      types of facts. I didn't know about these.