Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why
https://t.co/3ixZYQ8nRc
Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021
But more fundamentally, Parler has a legal problem: There's no right to have a contracting party apply its rules equally. If you and I sign a contract with a supplier that says the supplier can stop providing us with beer if
Folks ...
But when your core argument is "this conduct makes me think it's an anti-competitive conspiracy," DON'T SPECIFICALLY ALLEGE AN ALTERNATIVE, NON-CONSPIRACY EXPLANATION FOR IT
"They did this as a conspiracy to help Biden" isn't an allegation of fact. It's a *conclusion* being alleged as *supported* by the factual allegations.
— Akiva Cohen (@AkivaMCohen) November 27, 2020
An example near and dear to my heart may make the distinction clearer. Anyone remember Asghar Bukhari?
Here's the wikipedia summary of what the Supreme Court held, which is good enough to work with.
If so, you're a step ahead of Parler's lawyers, who apparently completely missed it.
That's just not a thing.
Also, we're a competitor of Twitter. This is important, because we're about to segue into their evidence of an antitrust conspiracy
No, it is too much, let me sum up:
Amazon serves us and also Twitter. It was afraid we would grow at Twitter's expense, so it shut us down to prevent that.
That's their conspiracy theory. All of it. One problem
And that's why it kicked, you, ALSO AN AMAZON CLIENT, off their servers?
Wow.
Can they do that?
Amazon's AWS Terms of service, which expressly bind any customer to the Amazon Acceptable Use Policy
They agreed that if they violated that contract, Amazon could terminate them without notice.
They violated the contract.
Also, the fact that the contract says "your only possible damages are what you paid us" means they are very very easy to calculate
This seems to be "you made me breach my contract with Dave"
Also, and I guess this is a minor note, but when you're alleging tortious interference you need to show that there was an existing contract that was breached
It's (again) what you SPECIFICALLY agreed would happen if you did the things you actually did.
More from Akiva Cohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from Business
So while America was forced into a high percentage of unemployment, billionaires in America made 406 billion from their “essential” businesses.
I wonder how much came from the
Funny, this transfer of wealth from the poor citizens to the rich billionaires aided by lockdowns and tyrannical governors wasnt just isolated to America. Australia billionaires seemed to amass much wealth during a time record number of businesses
I wonder how much came from the
Funny, this transfer of wealth from the poor citizens to the rich billionaires aided by lockdowns and tyrannical governors wasnt just isolated to America. Australia billionaires seemed to amass much wealth during a time record number of businesses
AUSTRALIA: Country's billionaires are over 50% richer than they were this time last year, according to data from Bloomberg Billionaires Index.
— The Spectator Index (@spectatorindex) December 30, 2020
1/An interesting thing happened tonight. I was scrolling through clubhouse and found WileyCEO, Godfather of Grime (kicked off Twitter in July for antisemitic tweets) speaking. So I tweeted this (and included a screen shot, later deleted as I found out TOS don't allow it ...
2/ ... and several folks also asked me to remove it which I promptly did afterwards).... Coming into the CH room, I fully intended to confront him about how hurtful his comments in July were. But as I listened to the folks in the room, I decided to go a different direction ....
3/ the conversation jumped around, covered many topics and there were between 8-14 people up on stage. But a recurring thread was discussion of racism, bigotry, comparison of it in the US vs UK vs elsewhere.
4/ when I got a chance to speak, I had 5 bullets written down: a) we should harness technology and capitalism to make reparations for what America did to Black people. I gave https://t.co/SlrW8zCd58 (a project a couple friends co-started) as an example) ...
5/ b) capitalism and product know-how and technology can be harnessed for social justice c) historically oppressed minorities need to stick together and lastly, d) "Wiley, how could you say such hurtful things about Jews as a people?" That's what I had ready to say, anyway.
2/ ... and several folks also asked me to remove it which I promptly did afterwards).... Coming into the CH room, I fully intended to confront him about how hurtful his comments in July were. But as I listened to the folks in the room, I decided to go a different direction ....
3/ the conversation jumped around, covered many topics and there were between 8-14 people up on stage. But a recurring thread was discussion of racism, bigotry, comparison of it in the US vs UK vs elsewhere.
4/ when I got a chance to speak, I had 5 bullets written down: a) we should harness technology and capitalism to make reparations for what America did to Black people. I gave https://t.co/SlrW8zCd58 (a project a couple friends co-started) as an example) ...
5/ b) capitalism and product know-how and technology can be harnessed for social justice c) historically oppressed minorities need to stick together and lastly, d) "Wiley, how could you say such hurtful things about Jews as a people?" That's what I had ready to say, anyway.