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Cake day: June 13th, 2023

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  • In finding Comer liable to Bungie for those costs—as well as over $80,000 in legal fees and $25,000 in statutory damages—the court also laid out the basis for “a new common law tort” that paves the way for other companies to do the same. As Tewson describes it in her Twitter thread, “the Court has created a path for those with the resources to identify stochastic terrorists and hold them accountable to do exactly that and recover their costs in court.”

    I am rarely on the corporation’s side, but in this case, the outcome is the right one. While there’s still a bar in that you need to be able to identify the person and have the resources to sue, this case sets a precedent that the behavior isn’t okay.

    Here’s to hoping it stands on appeal, presuming the defendant bothers to appeal.












  • There’s a fun thing about the US court system.

    The only thing mandated by the US Constitution is the existence of a Supreme Court, and that justices of that Supreme Court “hold their offices during good behavior” (fancy speak for “lifetime appointments”).

    The size of the court, the entire federal system of lower courts, the circuits, appeals courts, the whole thing is decided on by Congress. Congress literally passes legislation that dictates what the Court systems look like.

    If Congress wanted, it could obliterate every federal court in the country, and every single federal crime would need to be tried by the Supreme Court.

    Should one party with a majority wish it and have the political will, that party could expand the Supreme Court by any number of seats. Of course, it would immediately trigger an arms race as control of Congress flipped around, more and more seats would be added (or removed) until the legitimacy of the Court was in shambles.

    But then, we’re already at “shambles” aren’t we. Might as well dillute the power of those 9 un-elected individuals by a factor of 50 or so.