imaqtpie
5d ago
•
100%
Lol damn that's a heck of a hike. They also have other stickers that say "This hiker climbed Mt. Washington". Much more impressive.
The wind gusts on that mountain are pretty crazy.
imaqtpie
5d ago
•
100%
Good stuff, it seems that he probably has no chance with this lawsuit. But still
a false statement purporting to be fact
Leaves a lot of wiggle room. How is "a false statement" defined? It's ultimately a matter of semantics.
I read this article which indicates that the truthfulness of the statement isn't even the relevant legal issue, and even if it were partially false it would still not constitute defamation.
Erroneous statement is protected, the Court asserted, there being no exception “for any test of truth.” Error is inevitable in any free debate and to place liability upon that score, and especially to place on the speaker the burden of proving truth, would introduce self-censorship and stifle the free expression which the First Amendment protects. Nor would injury to official reputation afford a warrant for repressing otherwise free speech.
The fact that expression contains falsehoods does not deprive it of protection, because otherwise such expression in the public interest would be deterred by monetary judgments and self-censorship imposed for fear of judgments.
https://www.law.cornell.edu/constitution-conan/amendment-1/defamation-and-false-statements-overview
This agrees with what you are saying about knowingly false statements. But I never meant to say he could prove defamation, I just thought it was easier to claim than falsehood, because the story is obviously true 😅
But I guess defamation is actually harder to prove than I thought.
imaqtpie
5d ago
•
100%
I dunno about that, because many statements are unfalsifiable. If someone accuses me of being a witch, how can I be expected to "show it's false"? If you can show that they
acted with reckless disregard of whether it was false or not
Then it's not necessary to prove that it's false.
I understand and agree that the burden for proving defamation in the US is quite high, but it's not always possible or necessary to demonstrate that the accusation is absolutely false.
imaqtpie
5d ago
•
50%
Source: my ass
It's amazing how much my ass has taught me over the years.
imaqtpie
5d ago
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66%
Sure, but you don't need to prove that it's false to claim defamation. As long as the defense is unable to prove that the accusation is definitively true, it could still be considered defamation. If he were to claim the report was false, then he'd have to provide evidence to that effect. By saying that it was defamatory, he only has to demonstrate that there is a lack of 100% certainty as to whether it is true or false, shifting the burden of proof onto CNN.
imaqtpie
5d ago
•
100%
True. Though if you read the original CNN article, the circumstantial evidence is fairly damning. I don't think he has any chance of getting out from under this.
Also, in a legal context, I think there very well may be a distinction between claiming a report is defamatory versus claiming it is false. As per Wikipedia:
The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable
imaqtpie
5d ago
•
100%
Mt. Washington in New Hampshire
AKA the bumper sticker capital of the world
imaqtpie
6d ago
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100%
Meh the director already got paid. Producers are taking the monetary hit on this one. Probably won't be a good sign for the director's career moving forward though.
imaqtpie
7d ago
•
100%
No, it's just a surgeon who lacks personality and operates with cold detachment.
imaqtpie
1w ago
•
100%
That otter has seen some shit. Cool concept
imaqtpie
4w ago
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100%
Nah, I bet he's faking it. Continuity error
imaqtpie
4w ago
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100%
Paddington. I'm not very familiar with Herzog but I don't think wholesome would be the correct descriptor for his work 😅
imaqtpie
4w ago
•
100%
Yeah they're quite nice. Not trying to do too much, just well-executed, wholesome, pleasant films.
imaqtpie
4w ago
•
100%
She took a plea bargain. Without her as a witness, SBF probably doesn't get convicted of nearly as many charges. If you read the article, there was a distinct possibility that she wouldn't do any jail time at all. The judge was relatively harsh with the 2 year sentence in this case.
So this sentencing has essentially nothing to do with her wealth.
imaqtpie
4w ago
•
100%
This is some baby back bullshit.
The judges fucked up and didn't give her the appropriate difficulty score for her routine. Her coaches realized this and challenged successfully, raising her score to win the bronze. And then they decided to revert to the original score because the coaches didn't challenge within 60 seconds? Even though there's video evidence showing that they actually did?
Ffs give her the medal already, she earned it fair and square.
imaqtpie
4w ago
•
100%
Btw Lemmy automatically formats it like a list if you put a number followed by a period and a space. That happened to me too before I edited it
[Las Meninas (Spanish for 'The Ladies-in-waiting')](https://en.m.wikipedia.org/wiki/Las_Meninas) is a 1656 painting in the Museo del Prado in Madrid, by Diego Velázquez, the leading artist of the Spanish Baroque. It has become one of the most widely analyzed works in Western painting for the way its complex and enigmatic composition raises questions about reality and illusion, and for the uncertain relationship it creates between the viewer and the figures depicted. The painting is believed by F. J. Sánchez Cantón to depict a room in the Royal Alcazar of Madrid during the reign of King Philip IV of Spain, and presents several figures, most identifiable from the Spanish court, captured in a particular moment as if in a snapshot. Some of the figures look out of the canvas towards the viewer, while others interact among themselves. The five-year-old Infanta Margaret Theresa is surrounded by her entourage of maids of honour, chaperone, bodyguard, two dwarfs and a dog. Just behind them, Velázquez portrays himself working at a large canvas. Velázquez looks outwards beyond the pictorial space to where a viewer of the painting would stand. In the background there is a mirror that reflects the upper bodies of the king and queen. They appear to be placed outside the picture space in a position similar to that of the viewer, although some scholars have speculated that their image is a reflection from the painting Velázquez is shown working on.
cross-posted from: https://toast.ooo/post/4031774 > ROCKY START > > WE'RE LIVE > > place pixels, yeah If anyone wants to do a little sh.itjust.works pixel art, now is your chance. I'll contribute to anything that people come up with. Still have >48 hours remaining.
The moderator of this community appears to be inactive. Please comment on this post if you would like to moderate the community.
This track is such a vibe. Always gets me into that Lain mentality. A Distant Shout Vocals/Lyrics/Composition: Nakaido 'Chabo' Reichi ::: spoiler lyrics ``` Even though I shouldn’t have any sins I’m accepting some sort of punishment Even though they aren’t seeds that I sown I’m made to pluck the flowers that bloomed prolifically I can’t say that I don’t know about it But I don’t recall having been an accomplice-in-crime I feel that my freedom was costly bought But I don’t recall having my heart sold cheaply Hey Hey, until I die and bid farewell Hey Hey, I won’t be caught by anyone I wonder if you don’t know about the eternal ruffians Who are prowling the distant night It’s not even an unforgivable act But wounds can’t be healed On nights when I feel like crying, I make love to a woman And take flight from this petty and corrupt world Hey Hey, until I die and bid farewell Hey Hey, I won’t be caught by anyone I wonder if you don’t know about the eternal ruffians Who are prowling the distant night Even though I shouldn’t have any sins I’m accepting some sort of punishment I feel that my freedom was costly bought But I don’t have the guts to sell my heart cheaply… ``` :::
www.youtube.com
Cute animation of SCP-999, seemed appropriate for this community. cross-posted from: https://lemmy.world/post/13087351 > [SCP-999](https://scp-db.fandom.com/wiki/SCP-999) > > > 
cross-posted from: https://slrpnk.net/post/7026921 > This sounds like something Lemmy would also really benefit from.
Threads will be implementing federation in the near future and many instances have been discussing whether they should be pre-emptively defederated to protect the fediverse. See below for our local discussion thread, which will remain active until this vote is complete. Given that this is a time-sensitive issue and it's the holiday season, we decided to initiate the vote a few days early to make sure everyone gets a chance to vote. The vote will be tallied on Friday, December 29th. https://sh.itjust.works/post/11011288 **Only sh.itjust.works accounts may cast a vote** **Vote by commenting either yes/aye/oui or nay/no/non** **Any further discussion should be posted in the thread linked above** *Additional Context/Discussions* [Curent lemmy.world discussion](https://sh.itjust.works/post/11299405) [41% of instances have blocked Threads](https://sh.itjust.works/post/11281624) [Extensive discussion at Fediverse@lemmy.world](https://sh.itjust.works/post/11084893) [This article has already been linked 10 trillion times in previous discussions, but in case you missed it](https://ploum.net/2023-06-23-how-to-kill-decentralised-networks.html) *For the hard of hearing* ### **IF YOU ARE NOT A SH.ITJUST.WORKS USER, YOU CANNOT VOTE IN THIS THREAD** *** ### **VOTE RESULT** **In favor (aye/oui/yes) : 200 votes** **Against (nay/non/no) : 55 votes** **Sh.itjust.works has voted in favor of preemptively defederating Threads.** Thank you for your participation, and happy holidays to everyone!
www.wired.com
cross-posted from: https://lemmy.world/post/4658537 > Why This Award-Winning Piece of AI Art Can’t Be Copyrighted::Matthew Allen’s AI art won first prize at the Colorado State Fair. But the US government has ruled it can’t be copyrighted because it’s too much “machine” and not enough “human.”
I didn't want to make an announcement about this but since there seems to be some confusion (to say the least), I feel that I must. You have almost certainly started seeing posts and comments from hexbear.net users in the past day or so. Long story short, when hexbear originally federated into Lemmy a few weeks ago, they left SJW off the list of instances they wanted to federate. A few days ago, hexbear users had a vote where they agreed to add SJW to their list of federated instances. Myself and TheDude were informed of this vote by the hexbear admins while it was in progress. We agreed that if hexbear voted in the affirmative, we would be amenable to federation and seeing how it turns out. Now, here we are. Hexbear is a Lemmy server that was created about 3 years ago as a new home for the former users of r/chapotraphouse. CTH was banned from reddit because they were openly calling for the deaths of slave owners, which reddit considered hate speech 🙄 Hexbear is composed of leftists of all shapes and sizes, and they also have a special sensitivity to the struggles of marginalized groups, including but not limited to LGBTQ folk, the disabled, and gingers. Some things to know about hexbear: they removed downvotes from their platform. Therefore, they tend to make a lot of comments, because the only way to respond to something you disagree with is by commenting. This can give the impression of being brigaded, but that's not necessarily the case. Also, their custom emojis are displayed very large on other instances. This is a technical issue that will eventually be fixed. Of the major instances, Lemmy.world, lemmy.ca, feddit.de, and beehaw.org have defederated hexbear. SJW, Lemm.ee, and lemmy.ml are still federated with hexbear. I hope we can all get along, but obviously that's not going to be the case. I recommend that users from either server make use of the block function as necessary. More importantly, don't intentionally go to communities on the other server and attempt to antagonize them because you have a differing political stance. Some political debate is well and good, but there is a time and a place, and if you're not sure, it's probably best to keep it on your own server. We will be banning hexbears **liberally** if they come in here trying to start shit, and their admins will do the same regarding our users. Pun intended. Bottom line: we will not be defederating from hexbear in the immediate future. I personally believe they are a valuable asset to this platform, and I urge you all to give them a chance to contribute positively. If you find them annoying, just block them and/or report them; they are subject to the same rules of conduct as everyone else. Please direct any comments and concerns to this thread, or to the Agora. https://sh.itjust.works/post/4188546
Welcome, this vote will determine which image we use for our banner image for sh.itjust.works. The discussion thread is [in the Agora,](https://sh.itjust.works/post/1022097) and was also [cross-posted to ImageAI](https://sh.itjust.works/post/1022334) Fantastic work on the banners sh.itheads, I think we've got several excellent choices here. I've reposted the candidates below, with credits to the users who submitted them. I culled some submissions at my own discretion. **Each candidate is labeled with a number. In order to vote, simply comment on this post with the number of your preferred banner. You only get one vote.** *** **Number 1** - [@TendieMaster69@sh.itjust.works](https://sh.itjust.works/u/TendieMaster69)  *** **Number 2** - [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola)  **Number 3** - [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola)  **Number 4** - [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola)  **Number 5** - [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola)  **Number 6** - [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola)  *** **Number 7** - [@ComfortablyGlum@sh.itjust.works](https://sh.itjust.works/u/ComfortablyGlum)  *** **Number 8** - [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim)  **Number 9** - [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim)  **Number 10** - [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim)  **Number 11** - [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim)  **Number 12** - [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim)  *** **You may also specify a few honorable mentions in your comment if you so choose, as a way to acknowledge the artists' work.** The vote will run until next Friday. *** # **VOTE RESULT** **1. Banner 8 by [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim): 91 votes**  **2. Banner 11 by [@thelsim@sh.itjust.works](https://sh.itjust.works/u/thelsim): 49 votes**  **3. Banner 6 by [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola): 24 votes**  **4. Banner 7 by [@ComfortablyGlum@sh.itjust.works](https://sh.itjust.works/u/ComfortablyGlum): 20 votes**  **5. Banner 3 by [@scumola@sh.itjust.works](https://sh.itjust.works/u/scumola): 19 votes** 
Reddit has decided to run another edition of r/place in mid July for some unimaginable reason. https://sh.itjust.works/post/1387534 It seems to me that it would be stupid to not at least attempt to advertise for Lemmy given the perfect opportunity. Many have expressed concerns about giving reddit more traffic, but a few thousand users is less than a rounding error to reddit. However, getting a few thousand more redditors to move to Lemmy would be great for us. Hopefully I can get a few sh.itheads to help in this noble endeavor. If not, at least I tried. [!place_join_lemmy@lemmy.world](https://lemmy.world/c/place_join_lemmy)
www.theguardian.com
Take a bow son
cross-posted from: https://lemmy.world/post/1462284 > My favourite, to be honest
cross-posted from: https://sh.itjust.works/post/1022097 Don't mean to get in the middle of the Dieselpunk challenge but I figured the people here might want to take a shot at creating a banner as well. I'm going to leave that thread open for at least a week so you guys should have time. # Please post your best submissions to the Agora thread linked above *I will try to scan both threads to get all of the candidates before we vote, but the Agora thread is the official discussion, this was just cross-posted for awareness.* > The two obvious themes in my mind are gears/some sort of complex machine, or computer hardware/circuits. > > As an avid Lain Iwakura enjoyer, I added that screenshot because it's awesome and I think it'd be an extremely cool banner, but there are probably much cleaner designs out there that would be more welcoming to new users. I'm sure you guys will be able to come up with some in short order. > > You can look on lemmyverse.net to get a quick overview of some other instance banners. > > I really don’t know how the formatting and proportions are supposed to work but I will edit that in as soon as someone clarifies. > > Lemmy.world looks like this > >  > > This discussion run for at least a week, and then we can take the most upvoted submissions in this thread and put them up for an official vote.
The two obvious themes in my mind are gears/some sort of complex machine, or computer hardware/circuits. As an avid Lain Iwakura enjoyer, I added that screenshot because it's awesome and I think it'd be an extremely cool banner, but there are probably much cleaner designs out there that would be more welcoming to new users. I'm sure you guys will be able to come up with some in short order. You can look on lemmyverse.net to get a quick overview of some other instance banners. I really don’t know how the formatting and proportions are supposed to work but I will edit that in as soon as someone clarifies. Lemmy.world looks like this  This discussion will run for at least a week, and then we can take the most upvoted submissions in this thread and put them up for an official vote.
Lost lemming found in the wild. [This little lemming was searching for c/NCD while on c/NCD.](https://sh.itjust.works/comment/734098) [Photo credit for thumbnail](https://sh.itjust.works/post/760002)