Comment by zaphar
5 days ago
Why do you think the FTC analysis was more accurate than the opposing sides? The judges, of whom there were multiple, were going off of opposing side argumentation not just their own subjective opinion. That's how courts in the US work.
The companies suing to stop this have every reason to massively inflate the difficulty and cost of compliance to continue their long established dark patterns of trapping people in difficult to cancel subscriptions. Judges are not experts in the field and have a hard time evaluating the actual credibility of various presented estimates, you see it all the time with long debunked forensic evidence techniques being accepted still years later by judges and courts.
To figure out who's right, we would need to do research, rather than choosing the judges versus the FTC based on vibes.
I'm hardly going to do that research myself, so I have no opinion. There are legal bloggers whose opinions I'd respect. I assume comments on Hacker News are no more informed than my own, unless they show they have relevant expertise.
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Can you point to specific examples where the courts interpretation and reasoning wasn't rooted in the law and the arguments from the lawyers in the court specificall? Because I can't. I might disagree with some of the opinions but I can't point to anything where they were clearly not basing it on the law and the various lawyer's argumentation.
That request is a trap and can’t be satisfied. Any answer can be hand waved away with ease. It’s vague yet restrictive.
6 replies →
More important than the Heritage Foundation is the Federalist Society in the case of getting more conservative judges.
Good catch. That whole pipeline is very robust too - I remember mocking the Burke society folks in college, not realizing at all that they were figuring out who was headed to work with federal judges/think tanks for the next generation.