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Cake day: June 11th, 2023

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  • He’s term limited from being elected. But election is not the only way in which a person can become president.

    There is no constitutional requirement that the Speaker of the House be a member of Congress. After the 2028 election, the incoming Congress can elect Trump as the new speaker on January 6th, making him third in line for the next presidential term. They can then certify the presidential election.

    If the incoming president and VP are not inaugurated on January 20th for whatever reason, or they resign immediately after the inauguration, Speaker Trump becomes president again.





  • Worse, they’ve grown up on a steady diet of media telling them that “if you say the wrong thing” to a girl, “she’s going to accuse you of something,”

    There’s a big problem with the premise of this argument.

    The article accepts this “steady diet of media” as fact, but implies that it only affects “guys”.

    If there is, indeed, a “steady diet of media” saying this to a guy, then that same “steady diet of media” is saying the same thing to a girl: “If a guy says something wrong, it is reasonable and/or expected for a girl to accuse him of something”. Girls are hearing the exact same message that guys are hearing.

    If that “steady diet” actually exists, then the guy’s concerns of accusations are valid, and he should be praised for ensuring he doesn’t “say the wrong thing”.


  • Suppose Microsoft adds this capability to Windows, and you edit the registry to disable it. How is that any different?

    By allowing the end user to change it instead of locking it down, they are not making a good faith effort to comply, and they lose their liability protection. To maintain their immunity, at the very least they will need to prohibit Californians from disabling the feature.

    Canonical is prohibited from adding comparable terms.

    I can see the argument for something like iOS.

    How is iOS any different from Windows here?

    Let’s say you own a computer store in California, you sell Windows laptops, and you setup your preinstalled Windows image with the registry edit made, because customers don’t like the silly age prompt. How are you not the OS Provider?

    Again, to maintain their immunity under this law, they would have to prohibit me from doing this in their licensing agreement. My violation is what protects Microsoft. I would, indeed, be the OS provider in that scenario.

    But in the scenario you describe, I’m not the end user.

    Neither Canonical nor I can include the same restrictive terms in our OS offerings. We can simply inform our users that the OS is not California compliant. Our users become their own OS Providers as soon as they decide to use them in California.


  • And a user of Ubuntu only has access to the functions that Canonical has provided.

    That is not at all accurate.

    Administrator access to Windows is not at all comparable to root access on Linux. Windows “root” access is held solely by Microsoft, and granted only to Microsoft employees and contractors. They are the only ones with the capability of changing Microsoft’s binary blobs.

    Canonical doesn’t restrict root access. Everyone who installs Ubuntu has root access by default.

    Suppose Canonical adds this capability to Ubuntu. Suppose I take an Ubuntu install, and remove this capability. Who is the provider of the resulting OS, Canonical, or me? Obviously, I am responsible for the changes; I am obviously the OS Provider in this scenario.

    What I am saying is that I was the OS provider before I made the changes.

    Let’s remember that the law distinguishes between the OS and Applications running on that OS. They require that the signalling apparatus be included in the OS. Technologically, the distinction between OS and Application is somewhat arbitrary. For commercial OSes, it’s pretty simple: The OS is what Microsoft declares to be part of “Windows” is the OS; everything else is an application.

    Suppose Microsoft refuses to include this signaling apparatus. The end user cannot modify Windows, so does not become liable as the “OS Provider”. The user can bolt on the functionality as an application, but cannot make it part of the OS. Microsoft is the one facing the fines under this law.

    For FOSS software, the end user’s root access gives them the ability to add this signaling capability to the OS running on their machines, even if Canonical refuses to distribute a compliant OS. The user’s ability to make their own OS compliant with California law makes them the party liable for non-compliance.





  • No… The law literally says that if you make a good faith effort then you are not liable.

    It used to be that my liability was to the people using my code. If I code badly, they won’t use it, and I might be blocked from contributing to a project. That was the worst penalty that I faced for providing bad code.

    Now, I might have to argue against a lawyer claiming my mistakes are negligence, and my efforts are in less than good faith, with financial penalties should they prevail.

    They merely need to point to my opposition to this law as evidence that I am not acting “in good faith” to support it.

    Throwing up our hands and exiting California and Colorado is playing into Microsoft’s desires. It is also the only rational response should this law go into effect as planned. Which means the proper course of action is to denounce this idiot law, not lend it our support or rationalize the harm it causes.