Indie iOS app developer with a passion for SwiftUI

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Joined 1 year ago
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Cake day: July 1st, 2023

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  • You’re right that a lot of Terms of Service documents and similar agreement documents have language that reserves the right to modify those terms.

    At the same time just because something is in the terms doesn’t mean it can stand the test of adjudication and terms as well as changes are often challenged in court with success.

    Unity is in a particular tricky situation because the clause that governed modifications in their last ToS explicitly gives the user the option to pass on modifications that adversely affects them and stick with the old terms:

    Unity may update these Unity Software Additional Terms at any time for any reason and without notice (the “Updated Terms”) and those Updated Terms will apply to the most recent current-year version of the Unity Software, provided that, if the Updated Terms adversely impact your rights, you may elect to continue to use any current-year versions of the Unity Software (e.g., 2018.x and 2018.y and any Long Term Supported (LTS) versions for that current-year release) according to the terms that applied just prior to the Updated Terms (the “Prior Terms”). The Updated Terms will then not apply to your use of those current-year versions unless and until you update to a subsequent year version of the Unity Software (e.g. from 2019.4 to 2020.1). If material modifications are made to these Terms, Unity will endeavor to notify you of the modification. If a modification is required to comply with applicable law, the modification will apply notwithstanding this section. Except as explicitly set forth in this paragraph, your use of any new version or release of the Unity Software will be subject to the Updated Terms applicable to that release or version. You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.

    https://web.archive.org/web/20201111183311/https://github.com/Unity-Technologies/TermsOfService/blob/master/Unity Software Additional Terms.md







  • The proposal is bad enough as it is, but it’s the duplicitous gaslighting BS that really pisses people off.

    If they came out and said “We came up with this thing to prevent loss of revenue on ads and prevent LLMs from capturing data” then people would still be against it, but at least it would feel like an honest discussion.

    Instead it’s just another page out of Google’s playbook we’ve seen many times already.

    1. Make up some thinly veiled use cases that supposedly highlight how this would benefit users, while significantly stretching the definition of “users”
    2. Gaslight every one by pretending that people simply misunderstand what you’re proposing and what you’re trying to achieve
    3. Pretend that nobody provides reasonable feedback because everyone is telling you not to commit murder in the first place instead of giving you tips on how to hide the body
    4. Latch onto the few, inevitable, cases of people going too far to paint everyone opposing it in a negative light
    5. Use that premise to explain why you had to unilaterally shut down any and all avenues for people to provide comment
    6. Make the announcement that you hear people and that you’re working on it and that all will be well
    7. Just do what you want anyways with minimal concessions if any and rinse repeat

    For what it’s worth I blame W3C as well.
    Their relatively young “Anti-Fraud Community Group” has essentially green lit this thing during meetings as can be seen here:

    https://github.com/antifraudcg/meetings/blob/main/2023/05-26.md

    https://github.com/antifraudcg/meetings/blob/main/2023/07-07-wei-side-meeting.md





  • The presumption of innocence doesn’t preclude the fact that criminal courts don’t find someone innocent, rather they find someone not guilty.

    This is for the simple fact that it’s neigh impossible to establish someone’s innocence, whereas it’s easier to establish that there isn’t enough evidence to consider someone guilty.

    This case is, and sexual assault cases in general are, a great example why we can’t expect criminal courts to establish innocence.

    These are often cases with little evidence available either which way, because often there are no other witnesses. Even if there would be physical evidence of a sexual act, it’s still challenging to prove under what circumstances those acts have occurred, specifically on the matter of consent.

    To expect a court to be able to say with certainty that something hasn’t occurred is unreasonable.

    That is not to say that it isn’t good that we have these high standards before we impose punishment onto someone, but it is important to recognize what it means when a court comes to a decision.

    Additionally the presumption of innocence is just that, a presumption to establish who has the onus to prove something, there is no additional meaning attributed to it in the legal principle beyond establishing who has the onus to prove the facts at hand.

    In that regard it’s rather unfortunately named, as it would’ve been more apt to name it “the presumption of not guilty” but I suppose that doesn’t roll as nicely off the tongue

    To add to that, that the presumption is specifically a principle that only has meaning in criminal court, because the burden of proof is generally higher than in civil court.

    People can be, and have been, found liable in civil court for the very thing a criminal court has found them “not guilty” on, on the very basis that criminal court can’t establish innocence and that the bar that needs to be met in civil court is generally lower than in criminal court.

    As such to bring up the presumption of innocence in a vacuum is kind of like bringing up the generally recognized human right of freedom of speech when a social media company bans someone and removes their post.

    Yes, the concept exists, but it’s irrelevant because it doesn’t apply to the topic at hand, because the concept aims to govern a very specific circumstance that isn’t applicable here and withholding the important context surrounding it (i.e. the role it plays in criminal court for the presumption and the fact that it only limits governments for the freedom of speech) masks the limitations of said concept.

    None of the above aims to reflect my opinion on Spacey’s innocence (or lack thereof), rather it aims to provide the necessary details to put things into context.


  • @mrmanager@lemmy.today was talking about European companies doing fine despite strong unions in Europe and there being a lack of companies toppling over due to the strong unions.

    They actually undersold it, because in many Western-European countries everyone benefits from union negotiations, even people that aren’t members of a union because the collective bargaining agreements unions manage to negotiate will affect everyone working in the relevant industry by virtue of laws deferring to those collective bargaining agreements.

    You in turn decided to reframe the discussion at hand from companies doing well to unemployment numbers and not just general unemployment numbers, but youth unemployment numbers because you felt it would serve your argument best.

    But if you look at the trends for unemployment then the story isn’t as bleak as you’d make it out to be. For starters general unemployment averages under 6% with only two countries being above 10% (and below 15%).
    Average youth unemployment sits at 13.9% with a hand full over 20%.

    However, both general and youth unemployment are on a steady downwards trend since 2013.
    One exception to this trend for general unemployment is during the pandemic, where it shows a bump and for youth unemployment there’s an additional minor bump in 2022, which suggests a correlation with the influx of refugees from Ukraine. This is the European source on these statistics.

    There will always be a higher unemployment rate in the EU compared to the US, especially when it comes to youth unemployment.

    This lies mainly in the fact that most European countries have a civil registry system that automatically keeps track of certain data, unemployment being one of them, whereas in the US this data is collected by the Census Bureau for the Bureau of Labor Statistics by conducting a survey of roughly 60,000 households.
    Another factor is a difference in definitions. A good example is the one from the website of the Bureau of Labor Statistics:

    Garrett is 16 years old, and he has no job from which he receives any pay or profit. However, Garrett does help with the regular chores around his parents’ farm and spends about 20 hours each week doing so.

    Lisa spends most of her time taking care of her home and children, but she helps in her husband’s computer software business all day Friday and Saturday.

    Both Garrett and Lisa are considered employed.

    Neither of them would be considered employed in most European countries. There are other such discrepancies, for example the US doesn’t include people under 16, whereas Europe looks at 15-24 for youth unemployment.

    And then there’s the cultural difference between the two markets about when people are expected to start working and subsequently the jobs that will be available.

    Which makes sense. Companies still need people, but if it’s more expensive to get low-end workers you just won’t hire entry level workers unless they’ve proven themselves beyond a shadow of a doubt.

    Your hypothesis is quite lacking.
    As stated, the trends have been going down for a decade now, if your hypothesis was true we’d see an upwards trend.
    Additionally, these labor protections, including protections against being laid off, have been around for decades, your hypothesis doesn’t offer an explanation why, despite these protections, unemployment is going down.
    Also, minimum wage, as is often paid for these kinds of jobs, is lower in most EU countries than in many US states, making it comparably cheaper to hire those kind of jobs in Europe than it is in the US, your hypothesis doesn’t explain why, despite this, the unemployment rate is higher in Europe than it is in the US.

    In short, your hypothesis nor the unemployment rate is relevant to what @mrmanager@lemmy.today was positing, so lets refocus to the topic at hand: the lack of companies toppling over like domino bricks despite the copious amounts of employee protection facilitated by strong unions.

    Perhaps afterwards, we can talk about the lack of landlords, corporate or otherwise, going bankrupt despite the strong tenant protections as well as the lack of companies selling merchandise to consumers pulling out of the market despite the strong consumer protections, and so and so forth.

    And then, maybe, just maybe, we can afterwards all come to the conclusion that these QoL improvements are attainable without some kind of economic doom scenario.