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|1 week 6 days ago||He was under no legal nor||
He was under no legal nor moral obligation to hand over his **PRIVATE** cell phone. In addition, the NFL was able to obtain the cell phone records of both of the other people alleged to be involved. I or any reasonable person also wouldn't turn over their **PRIVATE** property without a legal obligation nor should they be expected to.
|2 weeks 3 days ago||So you can hear beyond||
So you can hear beyond 20Khz? You can distinguish music beyond 20Khz? Are you over 20 years old? Have you done actual blind A/B testing? Do you even have audio equipment that can regenerate sounds much beyond 20 Khz?
I'd bet good money that I can take your 88Khz recording, clip it to 44Khz and you won't be able to tell the difference.
|2 weeks 3 days ago||no they can't. There is zero||
no they can't. There is zero positive proof that people can and large quantities of negative proof from blind testing. And dynamic range is dependant on the number of encoding bits and not on sampling rate. Sampling rate controls peak frequency, 44.1khz redbook is limited to a peak frequency of 22khz which is well beyond the hearing range of 99.99% of the population and is extremely unlikely to even be heard by the artist, recording engineer, etc.
Now if you want to talk about people stomping all over the dynamic range of recordings, that's a whole different issue and has more to do with horrible mixing and mastering.
|2 weeks 3 days ago||Unfortunately for you're||
Unfortunately for you're argument, repeated blind A/B testing proves you wrong. And I've been listening to music for decades using pretty much the same quality headphones that most music was recorded with, mixed with, and mastered with, fyi. (Sony MDR-V6s and Shure profesional IEMs).
In order to get an MP3 that is distinguishable in A/B testing vs redbook you have to use either a very bad encoder or an extremely low bit rate. 256-320 Kbs mpeg1 AL.3 (aka MP3) encoded with a "modern" encoder with proper psychoacoutstics is basically indistinguishable in blind testing from redbook.
|2 weeks 3 days ago||Actually, its perfectly legal||
Actually, its perfectly legal to rip a DVD. And even put it on your kids tablet. Loads and loads of copyright law and legal rulings support it. Its even legal to also make another DVD copy.
|2 weeks 3 days ago||You can make infinite copies||
You can make infinite copies for personal use of copyrighted content that you have a **VALID** license to. You don't however have any valid license to ANY music that you rip and convert off youtube. The very act of ripping it off youtube means you violate the license requirements to use youtube means that anything beyond that is poisoned.
AKA, youtube isn't selling you a product which means anything you could do with a CD you own doesn't apply. Youtube provided a licensed service with a ToS that has to be observed in order to have a valid copyright license you use the works on youtube. Violate the ToS, violate the license, violate the copyright.
And no all IP law isn't the same as IP is a massive umbrella for Patents, Trademarks, Secrets, and Copyrights. It is a massively complex part of law. And there is nothing specific to music specifically beyond things like statutory regulated licenses (what things like bars and radio stations have been using for years with designated clearing houses and such).
|2 weeks 3 days ago||prove that you can tell any||
prove that you can tell any difference between a high quality MP3, 16b 44khz red book CD, and 24b 192khz audio and we'll think about it. FYI, so far no one has actually been able to prove they can tell the difference between redbook audio and 24b 192khz audio. And very very very few have even been able to do it with high quality mp3s and redbook audio.
AKA 24b 192khz is basically the same as $10k audiophile optical cables!
|2 weeks 3 days ago||Um, lets not confuse||
Um, lets not confuse violation of copyright with theft. They are logically and legally two entirely separate and distinct entities.
If you steal a car, you are depriving someone of property. If you make a copy of a song, you are not. AKA in one there is actual physical loss, in the other there is ephemeral potential loss of money but no actual physical loss of property.
Sorry, just a pet peeve of mine when people confuse or conflate the two.
|2 weeks 3 days ago||Actual in this case, it being||
Actual in this case, it being against the ToS does in fact mean it is illegal. By not complying with the ToS for their service, everything you do with youtube is basically illegal as it is the ToS that provide you a legal means to view the content. Its important to remember that youtube is a *service* and not a *sale*. The laws, rights, restrictions etc associated with the two are fairly different.
So legally, mp3 ripping from youtube is full on violation of copyright.
|8 weeks 23 hours ago||I not handing it over ever.||
I not handing it over ever. You assume that no one will ever see anything not related to the investigation but that's not ensurable. There is no court order involved, there is no protection, its pretty simple. And you have to hand your phone over to someone in the first place and get it dumped. Then someone else has to sort through it all and determine what is relavent or not. And both those people and numerous others would likely be able to make a copy (whether legally OR NOT). I'm pretty sure a tabloid would pay a pretty hefty penny for a dump of Brady's phone for instance...
|8 weeks 1 day ago||Is it in the player contracts||
Is it in the player contracts that they are required to hand over their cell phones?
|8 weeks 1 day ago||The standard is a bit of||
The standard is a bit of bumpkiss cause its not more likely than not, its whatever the investigator wants to decide regardless of what evidence does or does not exist. You can't compare it to a court of law, because in a court of law, the defendant actually gets to make a case.
|8 weeks 6 days ago||And ideally, if the league is||
And ideally, if the league is going to impose ball rules, they should be responsible for all the balls. Every single one. Specify the exact conditions of the play balls, check them every quarter, etc. If the balls are too slick, have the manufacture fix it, too tacky, have the manufacturer fix it. Same exact balls for everyone, kickers included. Zero difference. And hell do it like baseball, if the ball leaves the field of play, break out a new one and toss the old one to the fans.
|8 weeks 6 days ago||Cause he had no legal||
Cause he had no legal requirement to and his phone likely contained both personal and private information.
If the NFL or any other organization wants to take your things without a legal warrant, you say no! 99 out of 100 lawyers agree and that last guy is representing himself.
|9 weeks 4 days ago||Given the current realities||
Given the current realities of the garment industries, unless UA does 100% of the manufacturing in first world countries or in whole owned subsidiaries, I would have a hard time believing this. Its basically 100% that any work contracted out to third world companies will be subcontracted and then re-subcontracted out until such a time that it is using child labor.
|11 weeks 2 days ago||This has been a thing forever||
This has been a thing forever in AA. Back when I was there, I would always let my roommate order chinese for us because he'd just call them up and order completely off the menu. Even basic things like Shanghi noodles would come out completely different (and better) when he ordered it. So at least 2 decades ago, you could get very authentic, very good chinese food in AA, but it couldn't use english to order it.
|11 weeks 2 days ago||Um, the whole of the midwest||
Um, the whole of the midwest could do with a decent mexican place. I'm pretty sure there isn't a decent mexican place in the entire midwest. Same goes for the northeast. Its hard to have good mexican in places that don't grow the correct ingredients and lack a decent sized population of the culture. And contrast that with Cali where we don't have mexican places, we have regional mexican cuisine.
|12 weeks 2 days ago||The statistics themselves are||
The statistics themselves are no worse and actually much better than most other forms of violent crime. The statistics themselves by the own admission of the researchers gathering many of the statistics are actually highly flawed and lack specifity. But what statistics we do have, however flawed they might be, actually show that sexual assault on college campuses is actually better than sexual assault off campuses. The largest statistical sampling we have available shows that reported percentages of sexual assualt and rape are basically inline with other violent crime. So in short, the statistics around sexual assault and rape are generally no worse than any other violent crime.
And anyone out there throwing around things like 1 in 5 or 1 in 3 without having actually read and understood the data and the methodology and questions behind the data is certainly sensationalizing it.
Its very similar to throwing out the oft quoted omnibus wage gap data without any understanding of the actual data behind it or what that data actually says (hint actual wage gap, like experience, like job, like time in field, etc, is close to non-existent at this actual time, it still exists, and the last couple percent still need to be looked at and understood and/or closed, but using things like <80% is so distorted that it signals that a party isn't advocating in good faith).
|12 weeks 2 days ago||I'm pretty sure that everyone||
I'm pretty sure that everyone here is against rape and that the vast majority of at least the US population is against rape. We aren't debating nor talking about people being pro or against rape. We are talking about and debating issues of fairness, due process, and legalities. There is a vast gulf between anyone accused of rape is guilty and rape is a good thing (no not really).
I personally think real actual rapist should be locked up forever, but that's not the topic at hand, we are talking about how do you determine if someone is a real actual rapist. Should that be left up to the criminal justice system with history behind things like due process, rules of evidence, informed council on both sides, or should it be left up to a hodge podge tribunal with basically no due process, no rules of evidence, not really informed council on both sides if there is even council, and no actual real legal authority beyond at best contract law?
|12 weeks 2 days ago||subpoenas and evidence||
Quite frankly, its because Universities have no legal authority. The criminal justice system (CJS) has the power of supoenas, rules and procedures of evidence(that have been thoroughly specified by centuries of court cases), the power to compel testimony, and the authority to punish falsehood. In stark contrast, the Universities are limited to, at best, contract law. Its fairly material that the suit in the Duke case is grounded upon violations of contract law, both explicit and implicit.
As a mental excercise, imagine that someone is accused of rape at a university. A group of people really don't like someone else and want him to be expelled. They setup a condition that on the surface looks perfectly viable. Person A and the accused left a bar together, went somewhere, and the next day the accused is accused of rape. Meanwhile, they are communicating progress via text message. There is no way for the accused nor for the university to ever legally get ahold of those text messages. The university can only rely on what is volunteered by people involved in the case. In an actual CJS case, the text messages would be simply subpoenaed by the lawyers on both sides of the case as simply a matter of procedure. An advocate in a university case isn't even legally required to turn over any evidence that is revealed to them that would be exculpatory.
And I agree that the preponderance of evidence standard isn't the real issue, it is merely compounded by the real issue which is one of valid rights of defense and basic issues of legal authority and procedure. The only way that a university would get any of that is if the state legislatures created a legal court entity at each university. In the meantime, all the current system is going to due is make many lawyers exceedingly rich as the number of cases that build up against the universities becomes iron clad. From a simple basis of contract law, the Universities are on very very shaky ground.
|12 weeks 2 days ago||Actually if you look at the||
Actually if you look at the questionnaire used for the BJS survey, it also includes pretty much any unwanted sexual contact.
And I do agree that it is a difficult area to poll with depending on the exact wording used the definition of what qualifies can be quite diverse. It gets into lots of issues of subverbal signaling and interpretation. As a for instance, by some definitions, any kiss given without affirmative prior consent can count as sexual assault which generally isn't copecetic with common societal norms (or really even common militant/extreme feminist norms). I'm pretty sure that no one gets affirmative verbal affirmation for every kiss they ever give to someone.
I actually think these surveys need to go both more in depth and in breadth in the questions they ask wrt both sexual assault and rape (I tend to personally categorize the two seperately due to a bright line distinction between the two in serverity and impact).
Nor does it help that some of the data surrounding the issue get into issues of fully consensual sex and aware sex being categorized as rape (see various examples of statutory rape cases involving two teenagers, some procecuted even over the objection of both sets of parents).
And then you get into the cases where neither party is mentally capable of given consent(dual intoxication et al).
None of the polls/surveys I know of go into enough depth breadth to make fully informed conclusions from the data nor in many cases enough information to make real progress on root causes and ways to mitigate them.
|12 weeks 2 days ago||But that 50% is actually||
But that 50% is actually pretty much inline with the average for Violent Crime given within the report and not far off from the % for serious violent crime.
|12 weeks 2 days ago||DPS (or more appropriately||
DPS (or more appropriately UMPD), would have primary jurisdiction for any crime that occurs on UM property. They are a fully licensed police department by the State of Michigan. Whether they would abdicate the case to another law enforcement entity would be up to them and any agency they were abdicating to. Likely, given that they rarely investigate murder, they would defer to either AAPD, Washtenaw County Sherrif, Michigan State Police, Michigan Criminal Justice Bureau, or FBI. Certainly the MSP would likely be involved in dealing with the forensic evidence. At the very least its fairly common for AAPD/WCS to work with UMPD as its rare that a UMPD case is solely confined to the UM campus.
|12 weeks 2 days ago||The problem is that very much||
The problem is that very much like the NCAA, the universities don't have the legal grounding or basis to handle these cases. They first of all have no way to compel evidence. Nor compel testimony. They have no rules of evidence either. Nor does it appear they even have valid written procedure. And what little prodecure they have appears to often not actually be followed. And nor does it appear that the people running these tribunals are capable nor independant (Seriously, a rape councilar/advocate as you judge in a case about rape?)
Even if it is determined that civil levels of determination are valid, the tribunals aren't applying civil levels of evidence nor discovery. The results so far don't seem viable and seem to merely setup the universities for multimillion dollar payouts.
That's not even getting into the issue that determining who is at fault when two people both heavily intoxicated and therefore incapable of giving or having concent have sex, the guilty party is determined by solely by the sex of the actual parties.
A much better solution IS to have the criminal justice system handle it, and if there are actual structural or legal barriers/issues within the CJS, then fix those. Cause that solution actually is a general solution that applies to everyone whether in college or not.
|12 weeks 2 days ago||I would logically argue that||
I would logically argue that the real standard being employed in this cases isn't even "preponderance of evidence". It is in fact a lesser standard than "preponderance of evidence", primarily because the rules concerning the evidence and voracity of evidence is such that the evidence presented wouldn't even hold up in common law. In fact, the level of evidence in these cases sometimes doesn't even rise to the level of heresay. Certainly from the reports of the Duke case, the evidence used to convicts in most cases wouldn't even be admissable in the first place.
|12 weeks 2 days ago||Unfortunately, your data||
Unfortunately, your data point isn't statistically viable and isn't supported by historical trend. In fact, the number you are citing for 2010 is statistically abberant. In addition, the number provided is for a combination of rape and sexual assault, not merely rape.
|12 weeks 3 days ago||The 1 in 3 number is actually||
The 1 in 3 number is actually from a WHO report from 2013 and that number is a combination of sexual and physical assault. And by its own admision, the report isn't accurate but a best guess result with significant population and statistical issues and based on surveys of existing publications. It is also a worldwide estimate with the estimate for affluent places like the US at 23.2%.
|12 weeks 3 days ago||Do you have a raw reference||
Do you have a raw reference for these statistics you are quoting with actual reference to what is categorized as sexual assault wrt to these numbers?
This is just a bit of a pet peeve of mine. There are a lot of "statistics" reported and repeated wrt to sexual assault and rape both in the media, via advocacy organizations, and online that have little to no basis in actual fact. As an example, I present this Washington Post article about the various issues in using the oft used "1 in 5" reference: http://www.washingtonpost.com/blogs/fact-checker/wp/2014/12/17/one-in-fi...
|12 weeks 3 days ago||Zero? Infinite? Negative?||
Zero? Infinite? Negative? Large numbers? Small numbers?
While I do agree that some rapes go unreported, we cannot know how many actually do. Nor should we do anything but actually encourage people to actually report.
We can't base policy and certainly not law on ephemerals. Policy and Law need to be based on actual facts.
|21 weeks 4 days ago||Actually if you did it right,||
Actually if you did it right, the bandwidth required is rather minimal. Instead of doing individual streams per person, you do a multicast stream. You can basically do high quality HD in about 2-3 Mbit/s and 4k in ~13ish Mbit/s.