[Don’t hope for such reliability today!]

Byrne v Boadle (2 Hurl. & Colt. 722, 159 Eng. Rep. 299, 1863) is a major historical negligence case.

It is the classic case, in which a Court comes to a legal conclusion by means of logical fallacy — in this case affirmation of the consequent. The Doctrine of Res Ipsa Loquitur is often said to have been born with this case and is maddening to anyone that understands propositional calculus.

Here is the complete decision.
https://uploads.disquscdn.com/images/5d79225be5c12acfec8e5e77dab85a3a9dd03aa44153c1605933793b365741e6.png

This article on the Doctrine of Res Ipsa Loquitur is worth reading.
https://uploads.disquscdn.com/images/a9e13fe5453baad937f448d937b6fdb302fe76f9deceb4e650f0e9f65b27ab6b.png

In order to explain the necessity of overruling the precedent of Zeran v. America Online, 129 F.3d 327 (4th Cir. 1997), I included the following in my Reply Brief, which responded to Twitter’s Appellee’s Brief.
https://uploads.disquscdn.com/images/b0b07ff9ff76ecf7d8dfef14634f6e4f1bc2a8ba4b9e5fc873c96c60e49b05c9.png

In its Appellee’s Brief, Twitter was nice enough to provide two examples of argument by logical fallacy.

It is often straightforward to design a product to prevent criminal use.

A gun could be designed
1. not to function in the neighborhood of a school and thus
2. not to be usable to spree-murder schoolkids.

If a gun manufacturer were held liable for such a spree murder, such a design would quickly become standard.

Likewise, the speed filter could easily have been designed not to function beyond the speed limit on a public road while it would function correctly on other modes of transportation.

The Snapchat speed filter is a physical widget. I have to make a software invention and then try to introduce a new claim type to explain the facts to those that believe software is magic.

[Tommy Flowers created the first logic gate in the 19-teens.]

https://uploads.disquscdn.com/images/a9c41b5796996cc3aeedb4bb7319ccaa3fa31b8626d8c5c64f4e4b716c763a19.png https://uploads.disquscdn.com/images/64fa339a183a7b177aefd6ba04ac9c58514e1c86e42eef25ff3cbb64db858428.png https://uploads.disquscdn.com/images/2a6815d3a08b6f9886a928c1ca893b226d8d14aba51477a2f20e14f86a9d8334.png