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by dhimes 5259 days ago
(Mostly, perhaps, because I think it's dangerous to assume SOPA-advocates intend this SOPA provision to apply in a nefarious (or ridiculous) way. Ascribing ill-motives to your opponents is not helpful when trying to resolve things in way that's acceptable to both sides. . .)

I actually think the opposite is true. I think, "what is the worst they can do with this law?" That's what has to be acceptable to me. Because there are a lot of "theys," and somewhere somebody is going to get the idea that the law can be applied in a new way because of the way it is written. I vaguely recall a Supreme Court decision in the '90s (or was it the '80s?) that pissed a lot of people off. They interpreted the law as it was written, not as most people thought it was intended. Their answer was (Scalia or somebody) "we need to write a new law." I wish I could recall more.

The good lawyers I know are quite articulate and are capable of making themselves quite clear. As you indicate, the law on its best day is fraught with multiple interpretations simply because as a whole it's a complex system of many interacting parts. But each part we add should be as clear as possible. I see passing a law with terms ill-defined as, frankly, malpractice.

And Turar rephrased it as he interpreted it, yes. My point is the original should have been phrased like that if that is what they meant. It's not beyond the authors' capabilities. In short, I expect them to do the best they can. When I see something like this, I don't think they are doing their best and they should be made to do it again.

But tell me, how would it have helped you if you yourself were absolutely certain (and correct) that Apple was misapplying its TOS and was in breach of contract?

Corporations can be fined for misbehaving. If it was illegal for them to do so, then they could be stopped. I agree with you, and that's one of my issues: there's nothing reasonable to do on small issues that few people care about. Thus a few of us get screwed. Unfortunately, this eventually leads to regulations, about which everybody (including me) whines, because they will be slopilly-worded and we'll all wonder whether or not we're complying and ...[spend too much time on HN arguing about it :-) ] ....

And, yes, I did pick up that you don't defend SOPA as written, but rather we are off on a related (but different) subject. As they say, "meta."