"When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"
Opinions and facts in a legal context usually comes down to who is saying what. Someone personally says "this soup is bad" on a review site = opinion. A news site plastering it on their front page = fact.
A person saying something as an individual is usually considered an opinion. A company doesn't have that same protection.
> "When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"
Nope. Not correct. Companies have the same 1A rights, too.
In the US, it really doesn't matter who says it, the only thing that matters is who it's being said about.
If you are a "public figure" -- which is a much broader category in 1A law than you think -- then in order to prove defamation, you have to prove the thing was false _and_ that the person saying it knew it was false at the time. Not that they were mistaken, not that they were careless, not that they knew later, they deliberately lied and knew they lied as they said it.
If your next question is "how do you prove what someone was thinking", then yes. That is the reason it's nearly impossible.
Not talking about 1A rights or public figures. We are talking about
Opinions (Protected) vs Facts (Not Protected)
Defamation cases where individuals say something are usually considered opinions and companies are usually considered facts in the eyes of the courts. I say "Usually"
Defamation also DOES NOT require intent, but it requires a minimum level of fault (negligence)
Google saying something is unsafe in the web search or browser would not be considered an opinion because of their position of authority. It would not even be a debate since Google has already said they make decisions based on facts and data presented to them.
The only question is are they negligent in their assessment or response to a false report. And what would be the damages. In the case of a phishing report that is false courts would already consider it defamation per se (damages presumed)
We are absolutely talking about the 1A lol. Defamation is 1A law. It is one of the few recognized exceptions to the 1A.
And we are also 100% talking about public figures. "Public figures" include companies and it's a critical part of 1A since Times v Sullivan.
Google is a US company and has 1A rights. That's how it works. The rest of what you said is nonsense and is your idea of how it should work, but has nothing to do with how it actually works.
To be more accurate, defamation is civil tort law, circumscribed by the First Amendment. (Defamation as a cause of action is quite old, reaching back to our English common law roots, and goes back further in history, I believe.)
That's more general, not more accurate. Civil tort law is a broad class of things. It's like saying "to be more accurate, a supermarket is a type of store". Well, yes.
Nope, not in the US. It is perfectly legal to say, for example, "Kyle Rittenhouse is a murderer" despite him being acquitted. You're entirely free to disagree with the result, that is an opinion. Any opinion based on public knowledge is ok. It doesn't even have to be reasonable or rational.
What you can't do is imply non-public knowledge, aka "I heard from my cousin who works in law enforcement that Kyle murdered a hobo when he was 12 but the records were sealed", or state specific facts that can be proven true or false: "Kyle murdered a hobo on September 11, 2018 out back of the 7-11 in Gainesville, FL"
The standard for libel/slander is much, much higher than people think. It's extremely difficult to meet them, and for public figures, it's almost impossible.
Is “opinion versus fact” relevant to that example? My impression is that Kyle Rittenhouse wouldn’t have a strong defamation case against a random person tweeting that he’s a murderer, but the reason isn’t that “it’s a statement of opinion.” The reason is that it’s a high profile and controversial homicide case, and it would be very difficult for Rittenhouse to show that that the random Twitter user had “actual malice.”
Sure it is, that's how the 1A works. Saying he was convicted of murder is not true, but calling him a murderer is an opinion. Your opinion doesn't even have to be reasonable. It just has to be based on facts that both you and I have.
1A rights are construed really broadly. The courts don't do the 'he wasn't legally convicted therefore it's illegal to call him one' thing.
If that were true, news organizations wouldn't be as careful as they are to preface the word "alleged" before the behavior -- before or after a trial. I don't think you'll find any reputable commercial newsgathering organization that makes a plain statement that Kyle Rittenhouse is a murderer.
The First Amendment doesn't protect the speaker against all forms of defamation (though it does put some barriers up that make it harder to win in some circumstances). If it did, defamation as a cause of action wouldn't exist at all.
As a practical matter, though, this is largely theoretical. Once you've been through the rigamarole of arrest, prosecution, and trial, even if you're found not guilty of the crimes committed, the reputational damage is just too widespread. You're not going to go after the defamers: there are just too many, and if you tried, there would be a fair question as to whether you have any positive reputation left to injure. Your life is pretty much ruined. It's a pretty terrible situation for the wrongly accused.
Nope. News companies don't do it because of different reasons.
For one, it's an opinion, and traditional journalism likes to pretend it doesn't have those.
The bigger reason is anyone can sue for anything in the US. Litigation can be ruinously expensive, and cost hundreds of thousands of dollars just to get it thrown out. Hundreds of lawsuits gets expensive, even if you win or hand out $25K "get lost" settlements.
(That's why SLAPP laws are so important -- a strong SLAPP law like CA kills this behavior)
Whether or not something is prudent behavior has nothing to do with legality.
Because SWEs don't get paid for code. The code is just one byproduct of making business wants into business reality. We get paid to go figure out how to turn a management wishlist into a reliable money machine.
99.9% of the code i write is easy, but that's just because of the sort of work i do. Its not far from basic CRUD. Maybe with pubsubs and caching thrown in for fun.
But that doesn't mean there isn't some tricksy stuff. All the linear algebra in graphics programming takes awhile to wrap your head around. Actually, game programming in general i find a bit hard. Physics, state management, multi threading, networking...
Right, the actual engineering part is hard. Typing out the code without botching syntax usually isn't very hard. Unless it's a C++ type with a dozen modifiers.
Sure; but I'm not humblebragging at how talented at coding I am. I'm good at it because I have a lot of practice and experience, but I'm hardly the best.
It's the easiest part because the hard parts of the job are everything else -- you're a knowledge worker so people look to you to make decisions and figure it out. You figure it out and make it work for whatever "it" happens to be.
> It's the easiest part because the hard parts of the job are everything else -- you're a knowledge worker so people look to you to make decisions and figure it out. You figure it out and make it work for whatever "it" happens to be.
If you thought coding was easy, wait till you see the competition for knowledge workers. You're in a spot now where the part that made you valuable (implementing business rules in software) can now be done by virtually anyone.
Doing all the non-coding parts (or, as you put it, "the hard parts") can now be done by almost any white collar worker.
Sure, anyone with the knowledge and experience lol
"Knowledge worker" isn't a cutesy phrase, it means I don't get paid for my time, I get paid for what I know. Contrast that to, say, working retail where you are paid to staff the store from 8-6. It's not a value judgement (retail is hard work) it's a description.
We've already had years and years of predicting the death of software engineering to offshoring and that didn't happen for the same reason. India turns out plenty of fantastic engineers who can do my job. Those people also have better options than staffing some cut rate code factory, and you can't substitute the latter if you need the former. But nice try lol
> "Knowledge worker" isn't a cutesy phrase, it means I don't get paid for my time, I get paid for what I know.
What you appear to be missing is that (if AI coding is as good as we are told) there will considerably more people with the business knowledge to drive an AI to create their solutions.
The bit that made developers valuable was the ability to actually implement those business rules in software. You will be competing with all those laid off devs as well as those non-developers who have all that business knowledge.
In simple terms, there are two groups of people:
1. Developers, who have some business knowledge, and
2. White collar workers who have no development knowledge.
Previously (or currently, say) the supply of solutions providers came only from group 1. Now they come from both group 1 and group 2.
The supply of solutions providers just exploded, you can expect the same sort of salary that the people in group 2 get, which is nowhere close to what the people in group 1 used to get.
> I'm not a code factory who occasionally talks to the suits. That isn't the job lol
The problem you are facing is that "person who talks to business" is a huge pool of talent, and now you have to compete with them. Previously your only competition was "person who talks to business and can code".
"I already told you what I actually do, you're free to read it and learn. Or not, I ain't the boss of you"
Nobody listens to someone who talks like this. Nobody learns from someone who talks like this. You're not a leader and you're not a very good software engineer and likely if you boss anyone around, they think you're a clown.
The people for whom I've seen "coding is the hard part" are typically promoted out of the way or fired. They never entered a flow like those who considered it easy and addictive. The latter are the pillars of the eng team.
It depends on whether you mean programming (typing your solution into your text editor) or programming (formalizing your solution to a problem in a way that can be programmed).
Honestly? Anything that requires a lot of manual dexterity because that takes a long time to master, like a trade or art.
People love to lionize it, but honestly I can teach the basics of coding to anyone in a weekend. I love teaching people to code. It can be frustrating to learn but it's just not that difficult. I've mostly written Python and Ruby and Node for my career. They're not super hardcore languages lol.
What is hard is learning the engineering side. I don't get paid for the code I write, I get paid because I get handed a business wishlist and it's my job to figure out how to make that business reality and execute it, from start to finish.
I tell my boss what I'm going to be working on, not the other way around, and that's true pretty early in your career. At my current level of seniority, I can personally cost the company millions of dollars. That's not even a flex, most software engineers can do that. Learning to make good decisions like that takes a long time and a lot of experience, and that's just not something you can hand off.
> functional programming, formal methods and specification languages
Haha. Tell me you've never done professional software development without, etc. None of those things are solutions to the problem, which is: does the code do the business value it's supposed to?
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