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Judge refuses to reinstate Parler after Amazon shut it down

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Re: Judge refuses to reinstate Parler after Amazon shut it down

#431

Earlier quoted context omitted.

> Parler made this specific allegation under the Sherman Act. Well, tried to. They didn't do a good job of it at all. What they actually alleged (relevant towards this theory) was: * There was set to a mass exodus of Twitter users to Parler * AWS also hosts Twitter ... They didn't even allege that AWS conspire with Twitter. Sure, they don't have any evidence of that conspiracy without discovery, but they didn't even…

> These two facts... No, the second of those is not a fact. Twitter does use AWS for some things, but the actual service is not hosted on AWS. And that's pretty much the end of it. As the judge rightly points out in today's filing, all of Parler's talk about Twitter is just a bunch of hot air. That could change if this lawsuit proceeds, and discovery reveals evidence of conspiracy. But that is all highly speculative…

For clarification: I'm detailing what Parler alleged as a fact (see ¶15 of the original Complaint for where Parler alleges this). My point is that if Parler's alleged facts are all true (which is not the same as saying they're all true!), that does not sustain its antitrust claims.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#432

Earlier quoted context omitted.

So capitalism is right-wing now? Oh let me guess, this is the old "Democrats are actually right-wing", right? > As for the news media, as an example, Fox News has the highest viewership in the US. Yes one channel is different than every other, of course viewership is concentrated there -- all the lefty viewers are spread out over the remaining channels. If the other news channels aren't "left-wing" then Fox isn't "ri…

In what universe is capitalism not an emphatically right wing economic system?

In the universe where way too many Americans think left vs right wing is whether you support reproductive rights or not.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#433

Earlier quoted context omitted.

> These two facts... No, the second of those is not a fact. Twitter does use AWS for some things, but the actual service is not hosted on AWS. And that's pretty much the end of it. As the judge rightly points out in today's filing, all of Parler's talk about Twitter is just a bunch of hot air. That could change if this lawsuit proceeds, and discovery reveals evidence of conspiracy. But that is all highly speculative…

For clarification: I'm detailing what Parler alleged as a fact (see ¶15 of the original Complaint for where Parler alleges this). My point is that if Parler's alleged facts are all true (which is not the same as saying they're all true!), that does not sustain its antitrust claims.

All fair, but I think it still bears calling out. Repeating a claim that's well-known to be bunk, and using the unqualified word "fact" to describe it, will sow a lot of confusion. Especially when discussing a case that already rests at the center of a great big gyre of misinformation and misconception.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#435

Earlier quoted context omitted.

Companies have to obey laws and laws are written by politicians. Unless you think companies should be above the law they cannot, and should not be expected to, avoid thinking about politics.

Thinking about the law is a world away from thinking about politics. Companies should think about how to comply with regulations, but they should not be biting their nails over whether the candidate who's backing their chemical plant will give a speech about Marijuana decrimininalization that's convincing enough to secure him the position necessary to force the local regulatory body to change the acceptable limits on…

It sounds like you are suggesting that regulations should never change. Is that what you mean?

Re: Judge refuses to reinstate Parler after Amazon shut it down

#436

Earlier quoted context omitted.

Moderation scales with the size of the site. Obviously a tiny little web forum with a few dozen users isn't expected to have a Twitter-sized moderation team -- but if you're at a few million users and growing fast, you're expected to have some plans in place.

That sounds good on paper, but what happens when your revenue doesn't closely correlate with the number of users? Hypothetically, a site can have a million users but have a shoestring budget. On the other side of the scale, Twitter not only has the support structure to mass moderate but they have investors providing millions of dollars. Hiring a full time moderator isn't trivial; it's thousands a year per person, whi…

> That sounds good on paper, but what happens when your revenue doesn't closely correlate with the number of users?

I mean, moderation or no moderation, your overall costs are going to roughly correlate with your number of users. If you can't come up with some kind of revenue stream -- be it subscriptions, advertising, or donations -- your site is going to be a money pit.

Besides, depending on what kind of site you're operating, moderation can sometimes be managed by volunteers. Some high profile sites like 4chan make that work pretty well. But it depends on having dedicated volunteers who can agree to enforce rules, which isn't always easy.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#437

Earlier quoted context omitted.

The judge went so far as to explain why Parler's motion fails on all of the points, not just the "likelihood of success on the merits". That's a pretty irate judge: they're going out of their way, incurring more work upon themselves, to berate you. The only surprising things here are a) it took the judge a week to deny this motion, and b) AWS hasn't asked for the case to be transferred to arbitration (given the manda…

> The judge went so far as to explain why Parler’s motion fails on all of the points, Well, actually, they said that it could pass on irreperable harm, but that was somewhat mitigated by the fact that much (but not all) of the harm could be addressed by money damages. It did fail the the other 3 elements, and the balancing test in the alternate Ninth Circuit criteria.

In the balancing test the judge asserted that granting the TRO would do damage to AWS, which is laughable. The bias here is clear.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#438
post #25

Earlier quoted context omitted.

It seemed apparent right when the case was filed that Parler didn't have a leg to stand on. It was partly a play for publicity that plays well into their customer demographics, and a dying gasp of trying to seek some kind of injunctive help from the administration, no matter how impossible it seemed. Judging by how weak their infrastructure was in the first place, getting any kind of resilient hosting in place after…

Tech attorney here (with no relation to this specific matter). I wouldn't say they don't have a leg to stand on. I think it will prove to be very interesting.

+1. There is no reason to downvote a professional opinion. This is not reddit.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#439
post #407

Earlier quoted context omitted.

The Democrats wanted the USPS to deliver the mail. They also wanted people to be able to vote through the mail because we are in the middle of the worst pandemic in 100 years . This is different from treating the USPS as a general voting system. You are arguing that the Democrats cheated more than the Republicans, or "better". Do you have any evidence of this? This needs to be evidence from the past election, not Chi…

They cheated. And in several elections. Hats off. I know they did because the motive was there and the cost too great. I have faith in all men to make the same decisions when the time comes. Clearly there was cheating on both sides.

Does “clearly” mean you have evidence? It sounds like your argument is that everyone will cheat if they have the chance.

Re: Judge refuses to reinstate Parler after Amazon shut it down

#440

A YouTube lawyer does a pretty good break down of the case. Parlers suit: https://m.youtube.com/watch?v=HFp5E7akgy8 Amazon response: https://m.youtube.com/watch?v=GB06JtDbtvU

I don't know enough about law to be able to tell if it's being presented with or without a bias, but that intro in the first link did not give me hope
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