Microsoft Trial Judge Based His Break-Up "Remedy" On Flawed Theory, Not Facts

Jim Choate ravage at EINSTEIN.ssz.com
Tue Feb 27 14:25:36 PST 2001



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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