Re: [Re: Microsoft Trial Judge Based His Break-Up "Remedy" On Flawed Theory, Not Facts]
Your last paragraph is a little too complicated for me Jim, I'm interested in what you have to say but please break it down for me. Jim Choate <ravage@ssz.com> wrote:
On 27 Feb 2001, LUIS VILDOSOLA wrote:
Relating how code can infringe on someone else's rights will be an abstract argument.
Not at all, code itself can NEVER infringe anothers right, UNLESS it's executed (acted upon).
Speech in and of itself is powerful because of its two characteristics,
- It's harmless and does nothing in and of itself.
- It motivates peoples imagination to act.
It is the second point that ALL regulation of speech, expression, press, distribution, etc. exists for.
Fundamentaly all government regulation of speech is nothing more than a covert attempt to manage your consequent behaviour. It is not the speech but what others may do with it. It is clear the person emitting the speech has no control over the person receiving the speech. But we can't control the second party until it's too late. So we try to control the first party. Further, if we accept the premise that the first party is responsible for the acts of the second party, then what of the unmentioned parties acting on the first party? And if we claim the first party is acting of their own free will then what character of the second party is our litmus test? What aspect of the relationship between the first and
second
parties is missing in the relationship between the first and unnamed parties that relieves the unnamed parties of responsibility for the acts of the first party? And isn't the regulation of PREVIOUS speech by such a unnamed party also proof that the first party isn't acting of their own free will? Isn't the fact that this unnamed party removed the potential good from banned speech from the situation and thus itself participated in the affront? And because they did so with forethought doesnt' this compound their part?
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The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
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On 27 Feb 2001, LUIS VILDOSOLA wrote:
Your last paragraph is a little too complicated for me Jim, I'm interested in what you have to say but please break it down for me.
Somebody does something. As a consequence another party is considered to have contributed to the first persons act, without actually participating in the act. So, if the first person is not fully responsible, why is the second party fully responsible? How do you test this? If a party whose actions contribute is responsible for the consequences then isn't the censor themselves, since they take an active role, also responsible? Doesn't this put a party in the defence in the role of presecutor and judge? That seems to be a considerable conflict of interest. ____________________________________________________________________ Before a larger group can see the virtue of an idea, a smaller group must first understand it. "Stranger Suns" George Zebrowski The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
participants (2)
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Jim Choate
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LUIS VILDOSOLA