“Falsehood flies, and truth comes limping after it, so that when men come to be undeceived, it is too late; the jest is over, and the tale hath had its effect: […] like a physician, who hath found out an infallible medicine, after the patient is dead.” —Jonathan Swift

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Joined 2 years ago
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Cake day: July 25th, 2024

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  • TheTechnician27@lemmy.worldtoScience Memes@mander.xyzEggcellent
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    2 days ago

    This kind of bad-faith argument is proof positive for the conjecture that, if left unmoderated, every community on an English-speaking social media website will eventually be consumed by US politics.

    This clearly isn’t a science meme in the same way one about how badly the war in Iran is going isn’t about the engineering behind ballistic missiles.

    You can use this bastard logic to warp basically any political meme into whatever you want it to be for any community.









  • Categorically, yes, but that doesn’t change the US needing to get these dyes out of its foods yesterday. Within the health catastrophe Trump, RFK Jr., their followers, etc. are creating, I’ll gladly take and ride this one point we can apparently all agree on that these dyes serve no good purpose and need to go.


    Edit: And I wouldn’t even stipulate “if you eat it regularly”. It’s enriched with a token amount of Vitamins and minerals of course, but that’s practically a participation trophy for cereals (seriously, the micronutrient profile is fucking pathetic); everything else about it is utter trash, and it’s terrible for you from the jump.


    Edit 2: That said, the comment below about cancer link is misinformation in that the science currently does not support said link.





  • regarding the marketing of the product or the functionality of the product?

    The marketing, to which Google is going to obviously and correctly respond that:

    • A reasonable consumer would not expect that “ad-free” means that creator-submitted sponsored material is not present in the videos, descriptions, etc., which they create.
    • There’s a “Restrictions Apply” link taking you to the ToS, which itself in the “Advertising” section prominently – literally the first word – links directly to a FAQ stating that YouTube Premium has nothing at all to do with blocking sponsored content.
    • That is to say that the terms and FAQ clarify what a reasonable consumer would already assume.

    I’ll repeat what I think you already saw in another comment: I’d love to have it shoved in my face when a judge or jury actually buys this (I’d assume plaintiffs would request a jury and the defendants would not) and Flemming et al. see a dime.



  • Can a company market a submarine but then define a submarine as a lamp in their ToS and you’d just be out of luck?

    No, because a ToS can’t cure an obviously false advertisement, but when looking at what a reasonable consumer would take away from the advertisement, you can see the ToS is clarifying what a reasonable person would already assume – namely that MrBeast, before sending 42 junior high students to fight to the death in a chocolate factory, spending 45 seconds raving about how much he loves to put Hello Kitty-branded capsaicin under his foreskin isn’t something that YouTube Premium is going to get rid of.



  • The lawsuit tries to claim that the terms of service reinforce this, when in reality, they directly contradict this already-bad-faith interpretation of what Google advertises. “Restrictions apply” is extremely normal for any advertisement and is effective in negating claims of false advertising provided they clarify what a reasonable person could plausibly already assume.

    and think you’re off the hook

    Come back to me when Flemming et al. win this lawsuit. Even a token settlement, come back and rub it in my face. I encourage you, because I won’t be wasting the time to keep up with this doomed nonsense.