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Joined 2 years ago
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Cake day: May 8th, 2023

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  • to lose 100% of the court cases where they try this defense

    I don’t think the litigants actually know this. The shady characters they are paying for the information probably know that, but represent that it will just work if they do it right.

    Imagine you have some kind of legal problem, and you go to your lawyer, and your lawyer tells you they know what to do that will let you win. You’ll probably do it. Now for the litigants, it is the same thing, except instead of a lawyer, it is some person with an Internet and/or in real life following, who dazzles you with lots of fake formality that aligns to your preconceptions of the legal system based on TV. Of course, it is all just pseudolegal and a scam, but you don’t know that.

    Now you might except that some critical thinking and/or research of authoritative sources like case law, or consulting a real lawyer might let the litigant see that it is a scam, but critical thinking skills are not as common as you might hope, and secondary education in many places doesn’t cover much about the law or how to do legal research.

    Consider that 49.8% of voters in the 2024 US Presidential election voted for Trump, even after seeing the first term. Many people are easily hoodwinked into acting against their own best interests, especially if they are convinced there is a community of other people like them acting the same way (SovCit like groups do have some numbers), that people who endorse those theories get a lot of recognition / are influential (the leaders of the groups can create that impression), and that their theories have a long traditional backing (usually they make up a historical backstory).


  • That catholics should practice confession is a religious belief. But the confidentiality part is from canon law - i.e. in terminology of most other organisations, it is a policy. It is a long-standing policy to punish priests for breaking it, dating back to at least the 12th century, but nonetheless the confidentiality is only a policy within a religious organisation, and not a religious belief.

    Many organisations punish individuals who break their policy. But if an organisation has a policy, and insist that it be followed even when following it is contrary to the law, and would do immense harm to vulnerable individuals, then I think it is fair to call that organisation evil - and to hold them culpable for harm resulting from that policy.

    Even if the confidentiality itself was a core part of the religious belief itself, religious freedom does not generally extend to violating the rights of others, even if the religion demands it. Engaging in violent jihad, for example, is not a protected right even in places where religious freedom cannot be limited, even if the person adheres to a sect that requires it.




  • IANAL, but it is an interesting question to consider whether it would be illegal in Australia (if anything, as a test to see if the right laws are on the books to block this kind of thing). The laws are likely different in the US, and it might vary from state to state.

    The Fair Work Act 2009 (Commonwealth), s325 provides that:

    An employer must not directly or indirectly require an employee to spend, or pay to the employer or another person, an amount of the employee’s money or the whole or any part of an amount payable to the employee in relation to the performance of work, if:

    (a) the requirement is unreasonable in the circumstances; and

    (b) for a payment—the payment is directly or indirectly for the benefit of the employer or a party related to the employer.

    I think you could imagine the employer arguing a few lines:

    • The employee is not required to spend, it is only a factor in promotions and not retaining the same role. OP said you can “get in trouble for not using this” - countering this defence perhaps depends on proving what kind of trouble to show it is a requirement. In addition, under s340, employers are not allowed to take an adverse action against an employee for exercising or proposing to exercise a workplace right, and adverse action includes discriminating between and employee and other employees of the employer.
    • That the employee is not required to pay any particular person, they can choose what to buy as long as the select from a prescribed list. However, I think that could be countered by saying this is an indirect requirement to spend, and the “or another person” attaches to the “pay” part, so I don’t think that argument would fly.
    • The the requirement is reasonable - however, that could be countered by arguing the privacy angle, and the fact that this is for personal shopping, far outside the reasonable scope of an employment relationship.
    • That the payment isn’t for the benefit of the employer. I think that could be countered firstly by arguing this is a requirement to spend not pay, and event if it was to pay, it is indirectly for the employer’s benefit since it allows them to attract and retain clients. The way they are pushing it could further prove this.

    So I think it would probably be contrary to s325 of the Fair Work Act in Australia.

    Another angle could be the right to disconnect under s333M of the Fair Work Act:

    An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.

    If someone has a work and a personal phone, and has the app on the work phone, but refuses to use take the work phone or install an app on their personal phone so they can respond to tracking requests from the employer, then maybe this also fits.

    I also wonder if in Australia this could also be a form of cartel conduct - it is an arrangement of where purchases (other than those the company should legitimately control) are directed centrally under an arrangement by an organisation.

    Under s45AD of the Competition and Consumer Act 2010,

    (1) For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if: (a) either of the following conditions is satisfied in relation to the provision: (i) the purpose/effect condition set out in subsection (2); (ii) the purpose condition set out in subsection (3); and (b) the competition condition set out in subsection (4) is satisfied in relation to the provision.

    So the purpose condition has several alternatives separated by ‘or’, one of which is:

    (3) The purpose condition is satisfied if the provision has the purpose of directly or indirectly: … (b) allocating between any or all of the parties to the contract, arrangement or understanding: (ii) the persons or classes of persons who have supplied, or who are likely to supply, goods or services to any or all of the parties to the contract, arrangement or understanding; or

    It sounds like there is a solid argument the purpose condition is met - they are allocating where people who are part of the arrangement (employees) shop.

    They’d also need to meet the competition condition for it to be cartel conduct. For this to be met, the arrangement might need to include the clients of the company:

    (4) The competition condition is satisfied if at least 2 of the parties to the contract, arrangement or understanding: (a) are or are likely to be; or (b) but for any contract, arrangement or understanding, would be or would be likely to be; in competition with each other in relation to: … © if paragraph (2)© or (3)(b) applies in relation to a supply, or likely supply, of goods or services—the supply of those goods or services in trade or commerce; or

    So it could be argued that this is a cartel arrangement between the company, its clients, and its employees, and so attract penalties for cartel conduct.


  • bootloader unlocking

    I used to buy Xiaomi products because of the bootloader unlocking, but in practice it is a dystopian nightmare - they have built it so to unlock the bootloader you need a cryptographic signature from them, and they don’t give that out all that easily.

    You have to sign up for an account with them, use a Windows-only tool to request unlocking, and they have a long wait period (deliberately imposed) to unlock, which sometimes randomly restarts. The wait period is different for different models, and can be weeks.

    Their support are unwilling to help unlock immediately even for replacement devices where you want to get up and going quickly - if your device breaks (they are not the most durable phones IMO, as you note) and you get a replacement, you’ll have to wait the time again before you can restore a backup of a phone using a custom ROM.

    It’s possible they have improved, but because of their attitude around what I can do with my own hardware, I’ve stopped buying Xiaomi gear.


  • It is possible for all of the following to be simultaneously true:

    • The Israeli War Cabinet are war criminals and terrible people for slaughtering civilians in Palestine and Lebanon.
    • The Houthis are war criminals and terrible people for targeting civilians in Israel.
    • The US Trump Administration are war criminals and terrible people for killing civilians in Houthi-controlled areas.
    • Hamas are war criminals and terrible people for targeting civilians.

    While all of the above crimes are of roughly the same type (albeit for different reasons), they do differ in extent - the Israeli War Cabinet is responsible for the most suffering by a wide margin.

    I think it is a morally consistent position to condemn all of the war crimes above, although perhaps to prioritise efforts condemning the bigger ones.