they don’t really have a ‘hard product’ to fall back on, they have the perception of the reliability, impartiality, etc. of those machines and the system they’re part of.
I’d argue it’s more than mere perception. They are not magic boxes. They are auditable, many setups produce paper records. And they’ve never been shown to have significant problems.
I’d argue (and have argued since they were Diebold before Dominion) that the code should be open source. But even without open source software they have more than mere perception backing their performance over time.
It is obvious to anyone not in it that he has destroyed the Republican party.
It is not a far fetched theory that Trump is a Democratic mole. On his death bed he will confess that he, Hilary and Obama came up with this idea of destroying the GOP from within. At his state funeral kings, queens and world leaders will weep as Lindsey Graham delivers the speech of a lifetime. All JFK middle schools will be immediately rebranded as DJT and $3 bills with his mug will replace the $1 bill. Elon will be so moved that the Shiba Inu’s mug on Dogecoin will be replaced by DJT’s Rambo mug. The end.
It is obvious to anyone not in it that he has destroyed the Republican party.
It is not a far fetched theory that Trump is a Democratic mole. On his death bed he will confess that he, Hilary and Obama came up with this idea of destroying the GOP from within. At his state funeral kings, queens and world leaders will weep as Lindsey Graham delivers the speech of a lifetime. All JFK middle schools will be immediately rebranded as DJT and $3 bills with his mug will replace the $1 bill. Elon will be so moved that the Shiba Inu’s mug on Dogecoin will be replaced by DJT’s Rambo mug. The end.
And at his funeral, grown men will cry and through the tears stay “Sir, I love you more than liberty, democracy and America.”
they don’t really have a ‘hard product’ to fall back on, they have the perception of the reliability, impartiality, etc. of those machines and the system they’re part of.
I’d argue it’s more than mere perception. They are not magic boxes. They are auditable, many setups produce paper records. And they’ve never been shown to have significant problems.
I’d argue (and have argued since they were Diebold before Dominion) that the code should be open source. But even without open source software they have more than mere perception backing their performance over time.
They can prove that their machines function without bias, but all that does is feed their reputation. The reputation is what they’re selling, and that’s about perception. As we’ve seen, what you can prove and what people perceive are frequently two different things.
I’m not saying that perception and reputation aren’t important or valuable. I’m saying that perception isn’t all that Dominion has to gain trust from reasonable people. Which is why they’re confident going to trial.
It is obvious to anyone not in it that he has destroyed the Republican party.
It is not a far fetched theory that Trump is a Democratic mole. On his death bed he will confess that he, Hilary and Obama came up with this idea of destroying the GOP from within. At his state funeral kings, queens and world leaders will weep as Lindsey Graham delivers the speech of a lifetime. All JFK middle schools will be immediately rebranded as DJT and $3 bills with his mug will replace the $1 bill. Elon will be so moved that the Shiba Inu’s mug on Dogecoin will be replaced by DJT’s Rambo mug. The end.
And at his funeral, grown men will cry and through the tears stay “Sir, I love you more than liberty, democracy and America.”
Grown men who, they’ve never cried, they didn’t cry even when they were little babies, they’re tough guys, strong guys, they’ll be weeping, they’ll be crying openly and apologizing for how he was treated.
I’m not saying that perception and reputation aren’t important or valuable. I’m saying that perception isn’t all that Dominion has to gain trust from reasonable people. Which is why they’re confident going to trial.
I agree that they have what they need to go to trial and get reasonable people to trust them. But from a business perspective, separate from trial, they lean on reputation, and jurisdictions have to decide if the public perception (which is very much NOT based on a reasonable person standard) of the company is positive enough to use them. That’s how they stand to potentially lose business, even if they win at trial, and have Fox admit their lies on live broadcasts, etc.
Yes, but they didn’t sue Trump (AFAIK). They can only claim damages for the increment of reputational harm caused by Fox separate from whatever harm was caused by Trump or others. If their reputation was that vulnerable, then lies from Trump could cause a large chunk of the harm. Maybe they can argue that all of the lies ultimately tie back to Fox’s lies, but I don’t know the precise timeline well enough to say if Fox was the original sin.
It’s truly remarkable how much damage this man has caused and continues to cause the people and organizations who support him. They knew he was bad news from the outset but signed on anyway, and now can’t quit him even though they know he’s certain death by every meaningful measure. They’re willing hostages now. Addicts.
I had to look to see what ETTD means, but you’re right. He has a kind of anti-Midas touch. Lawyers who work for him get sanctioned and have to get their own lawyers. Cult members who commit insurrection for him get jail time. Administration officials get in trouble and are cast underneath the bus after he talks about how horrible they were. His businesses often fail spectacularly.
People see that and still line up to be the next one under the bus.
More legal musings from the sharpest legal mind in ketchup room of Mar-A-Lago:
FOX NEWS IS IN BIG TROUBLE IF THEY DO NOT EXPOSE THE TRUTH ON CHEATING IN THE 2020 ELECTION. THEY SHOULD DO WHAT’S RIGHT FOR AMERICA. WHEN RUPERT MURDOCH SAYS THAT THERE WAS NO CHEATING IN LIGHT OF THE MASSIVE PROOF THAT WAS THERE, IT IS RIDICULOUS AND VERY HARMFUL TO THE FOX CASE. PERHAPS HE SHOULD SAY THAT “HE JUST DIDN’T KNOW,†BUT THAT IS HARD TO BELIEVE. RUPERT, JUST TELL THE TRUTH AND GOOD THINGS WILL HAPPEN. THE ELECTION OF 2020 WAS RIGGED AND STOLLEN…YOU KNOW IT, & SO DOES EVERYONE ELSE!
I’m not saying that perception and reputation aren’t important or valuable. I’m saying that perception isn’t all that Dominion has to gain trust from reasonable people. Which is why they’re confident going to trial.
Lawyerly detail: the judge already ruled that Fox’s statements were false, so that won’t be an issue for the jury. That ruling didn’t get nearly as much publicity as would a big $$ verdict for Dominion. So, even though such a verdict would not directly address the issue of falsity, it might bring more attention to the issue.
On the morning Fox’s trial starts, FoxNews.com has a front page story suggesting media trust is in decline. Their evidence is a tweet from CBS News about the pothole Arnold fixed actually being a utility trench.
I’m not saying that perception and reputation aren’t important or valuable. I’m saying that perception isn’t all that Dominion has to gain trust from reasonable people. Which is why they’re confident going to trial.
Lawyerly detail: the judge already ruled that Fox’s statements were false, so that won’t be an issue for the jury. That ruling didn’t get nearly as much publicity as would a big $$ verdict for Dominion. So, even though such a verdict would not directly address the issue of falsity, it might bring more attention to the issue.
Yes, and a few other pre-trial tended to go Dominion’s way as well. The biggest hurdle remains proving actual malice in those lies. I have heard commentators say that reckless disregard for the truth is sufficient. Is that your understanding?
I’m not saying that perception and reputation aren’t important or valuable. I’m saying that perception isn’t all that Dominion has to gain trust from reasonable people. Which is why they’re confident going to trial.
Lawyerly detail: the judge already ruled that Fox’s statements were false, so that won’t be an issue for the jury. That ruling didn’t get nearly as much publicity as would a big $$ verdict for Dominion. So, even though such a verdict would not directly address the issue of falsity, it might bring more attention to the issue.
Yes, and a few other pre-trial tended to go Dominion’s way as well. The biggest hurdle remains proving actual malice in those lies. I have heard commentators say that reckless disregard for the truth is sufficient. Is that your understanding?
Yes, actual knowledge of falsity or reckless disregard.
Live Updates: Fox News Settles Defamation Suit, Averting Trial
Fox News reached a last-minute settlement with Dominion Voting Systems, which accused Fox News of pushing conspiracies that harmed the company.
