<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	>
<channel>
	<title>
	Comments on: Trump&#8217;s Must-Carry Lawsuit Against Twitter Moved to Twitter&#8217;s Home Court&#8211;Trump v. Twitter	</title>
	<atom:link href="https://blog.ericgoldman.org/archives/2021/10/trumps-must-carry-lawsuit-against-twitter-moved-to-twitters-home-court-trump-v-twitter.htm/feed" rel="self" type="application/rss+xml" />
	<link>https://blog.ericgoldman.org/archives/2021/10/trumps-must-carry-lawsuit-against-twitter-moved-to-twitters-home-court-trump-v-twitter.htm</link>
	<description></description>
	<lastBuildDate>Tue, 09 Nov 2021 13:21:00 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: Zatar Zarvati		</title>
		<link>https://blog.ericgoldman.org/archives/2021/10/trumps-must-carry-lawsuit-against-twitter-moved-to-twitters-home-court-trump-v-twitter.htm#comment-3161</link>

		<dc:creator><![CDATA[Zatar Zarvati]]></dc:creator>
		<pubDate>Tue, 09 Nov 2021 13:21:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=23217#comment-3161</guid>

					<description><![CDATA[While Goldman has correctly written elsewhere that common carriage service is often tiered, a customer, who is refused common carriage, usually wins a denial-of-carriage lawsuit unless he seeks carriage for something hazardous or the carriage would involve the carrier in a criminal activity.

Each Trump lawsuit against a social medium ICS is moronic. He needed to find a lawyer, who 
1. specializes in Title 47 (&lt;b&gt;telecommunications service&lt;/b&gt; and &lt;b&gt;information service&lt;/b&gt;), 
2. knows common carriage law, and 
3. understands Internet/WWW technology along with &lt;b&gt;common carriage caselaw that pertains to a PSPDN&lt;/b&gt; -- the Internet is a PSPDN as well as an obvious place of public accommodation. 

An older X.25 PSPDN never quite qualified to be a place of public accommodation because it never met the definition of 42 U.S. Code § 2000a (b). The data rate offered by an older X.25 PSPDN was never quite high enough, but there was a more serious design flaw that pertained to the architecture of an X.25 PSPDN  and that prevented the resource-sharing necessary for the X.25 PSPDN to become a place of public accommodation.

&lt;i&gt;Noah&lt;/i&gt;, which is an outrageously ignorant decision, was not fully litigated. The &lt;i&gt;Noah&lt;/i&gt; Court is often reversed when a patent case over which this specific Court presides goes to the CAFC. This Court receives more favorable treatment in the 4th Circuit, but such treatment reflects badly on the 4th Circuit, which used the logical inverse fallacy to decide &lt;i&gt;Zeran&lt;/i&gt;.  I recommend &lt;i&gt;Shammas v. Lee&lt;/i&gt;, 187 F. Supp. 3d 659, E.D. Va for a laugh. It did not take SCOTUS long to dispose of this fee shifting nonsense when the issue finally came before SCOTUS in &lt;i&gt;Peter v. Nantkwest&lt;/i&gt;. 

I admit that I am being harsh. I hate reading a decision in which there appears a word like &quot;relatedly&quot; or a phrase like &quot;pellucidly clear&quot;.]]></description>
			<content:encoded><![CDATA[<p>While Goldman has correctly written elsewhere that common carriage service is often tiered, a customer, who is refused common carriage, usually wins a denial-of-carriage lawsuit unless he seeks carriage for something hazardous or the carriage would involve the carrier in a criminal activity.</p>
<p>Each Trump lawsuit against a social medium ICS is moronic. He needed to find a lawyer, who<br />
1. specializes in Title 47 (<b>telecommunications service</b> and <b>information service</b>),<br />
2. knows common carriage law, and<br />
3. understands Internet/WWW technology along with <b>common carriage caselaw that pertains to a PSPDN</b> &#8212; the Internet is a PSPDN as well as an obvious place of public accommodation. </p>
<p>An older X.25 PSPDN never quite qualified to be a place of public accommodation because it never met the definition of 42 U.S. Code § 2000a (b). The data rate offered by an older X.25 PSPDN was never quite high enough, but there was a more serious design flaw that pertained to the architecture of an X.25 PSPDN  and that prevented the resource-sharing necessary for the X.25 PSPDN to become a place of public accommodation.</p>
<p><i>Noah</i>, which is an outrageously ignorant decision, was not fully litigated. The <i>Noah</i> Court is often reversed when a patent case over which this specific Court presides goes to the CAFC. This Court receives more favorable treatment in the 4th Circuit, but such treatment reflects badly on the 4th Circuit, which used the logical inverse fallacy to decide <i>Zeran</i>.  I recommend <i>Shammas v. Lee</i>, 187 F. Supp. 3d 659, E.D. Va for a laugh. It did not take SCOTUS long to dispose of this fee shifting nonsense when the issue finally came before SCOTUS in <i>Peter v. Nantkwest</i>. </p>
<p>I admit that I am being harsh. I hate reading a decision in which there appears a word like &#8220;relatedly&#8221; or a phrase like &#8220;pellucidly clear&#8221;.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
