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MrPhlegm

By MrPhlegm
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Duval Street

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33 minutes ago, Bill Lumbergh said:
3 hours ago, texasstrong12 said:
Matt Miller at ESPN has Leal #6, Green #12, Wydermyer #28, and Spiller #31.
They're all gone if that's the range they're going. Combine that with the losses on defense it's going to be a total rebuild next season for aggy. 

Where's O'Neal?

Still hustlin’ off the field at Jerryworld.

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Thatguy

Thatguy 8876

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3 hours ago, South Austin said:

And I don't think he's there yet.  The Bulldogs seem like a very meh 2-2 so far, and I don't think they'll be slinging it up and down the aggy defense.  Shitty aggy QB play and Jimbo's derpy play calling is what will keep this close.  I'm thinking of something like a 21-17 score, regardless of who wins.

    The bulldogs lost to LSU, and that's a tough one to tell at this point, but they were scrappy. But that loss to Memphis was a fluke. MSU fumbled a hand off exchange that resulted in a scoop and score. There was a play in that game where MSU punted and the returner grabbed the ball while MSU's back was turned as they thought the play was dead, and took it 80 yards to the house. Besides that they held them to 246 total yards. I cannot wait. I hope they get rocked again.

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Randolph Duke

Randolph Duke 4034

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And an update on the aggy 12th man copyright infringement case.

Quote

https://www.ipwatchdog.com/2021/09/28/epic-sports-petitions-fifth-circuit-rehearing-en-banc-texas-12th-man-copyright-takings-clause-case/id=138152/

Epic Sports Petitions Fifth Circuit for Rehearing En Banc in Texas A&M ‘12th Man’ Copyright/ Takings Clause Case

On September 22, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, filed a petition for rehearing en banc in their appeal of a copyright case against both Texas A&M University and a pair of school officials. In their petition, the plaintiffs argue that the original panel decision erred in failing to find constitutional violations of both the Fifth Amendment’s Takings Clause and due process under the Fourteenth Amendment for Texas A&M’s unlawful reproduction of the plaintiffs’ copyrighted work regarding the history of the legendary 12th Man at Texas A&M.

Porter’s Lack of Takings Clause Protections for Copyright Claims Was Overruled by Horne

The Fifth Circuit issued a decision on September 8 affirming the Southern District of Texas’ dismissal of copyright claims over Texas A&M’s unauthorized reproduction of portions of Bynum’s manuscript on the nearly 100-year history of the famed 12th Man tradition at Texas A&M. The Southern Texas ruling followed the U.S. Supreme Court’s March 2020 decision in Allen v. Cooper, which declared that Congress’ abrogation of state sovereign immunity under the Copyright Remedy Clarification Act was unconstitutional. In affirming the district court’s ruling, the Fifth Circuit panel found that there was no violation of due process under the 14th Amendment, allowing the appellate court to apply the reasoning of the Supreme Court’s 2006 decision in U.S. v. Georgia. In that case, the Court found that private remedies under law against state actors exist only when the state action constitutes a violation of the 14th Amendment.

In their petition for rehearing, the plaintiffs pose a pair of questions they would like answered by the full Fifth Circuit:

  • Are copyrights protected by the Takings Clause of the United States Constitution?
  • Can the possibility that a state court may – at some point in the future – recognize a Takings remedy under the state’s constitution serve as an adequate post-deprivation remedy, barring a claim for deprivation of property without due process of law?

The Fifth Circuit panel found itself bound by its precedent from Porter v. United States (1973), in which the court dismissed a Takings Clause challenge brought by the widow of Lee Harvey Oswald over republication of Oswald’s writings in the Warren Commission Report, in determining that copyright was not a form of property protected by the Takings Clause. The plaintiffs, however, argued that the Supreme Court’s 2015 decision in Horne v. Department of Agriculture reaffirmed the prospect that personal property, which includes copyrights, must be compensated by the government if subject to a taking. Bynum and Epic Sports noted that the Court in Horne relied in part upon an 1882 Supreme Court decision in James v. Campbell, which reiterated that intellectual property was personal property that is subject to proper compensation for a government taking.

Even if Porter was correct when originally decided (a doubtful proposition in light of James v. Campbell and its progeny), nearly forty years have passed since the Supreme Court held that trade secrets and ‘other kinds of intangible interests’ are ‘protected by the Takings Clause.’…  Now that Horne has confirmed that the Takings Clause ‘protects “private property” without any distinction between different types,… the Court should reconsider Porter’s holding and align itself with nearly 140 years of Supreme Court guidance on this issue.

Ending the Fifth Circuit’s reliance on Porter would also help to solve a circuit split that has developed on the question of copyright’s status as property for purposes of the Takings Clause. In a footnote in the original panel decision, the appellate court recognized that Porter’s holding creates tension with decisions of the First Circuit and Second Circuit, both of which have found that the Takings Clause extends to claims that government actions have infringed upon copyright.

Appellants: No ‘Clear and Certain’ Post-Deprivation Remedy Existed to Cure Due Process Violation

Bynum and Epic Sports’ petition for rehearing also pushes back on the Fifth Circuit’s conclusion that meaningful post-deprivation remedies existed under the Texas Constitution, thus avoiding a due process violation under the Fourteenth Amendment. The Fifth Circuit had determined that such a remedy existed under the Texas Supreme Court’s recent decision in Jim Olive Photography v. University of Houston (2021). That case, however, rejected Takings Clause claims under both the federal and state constitutions. “Appellants are aware of no cases in this circuit or elsewhere holding that a legal theory that has never been recognized by the state courts can nonetheless bar a procedural due process claim,” Bynum and Epic Sports’ petition reads. Such a ruling arguably flies in the face of the Supreme Court’s 1995 holding in National Private Truck Council v. Oklahoma Tax Commission, in which the Court found that a “clear and certain remedy” under state law must first exist before it can be considered a remedy that satisfies due process under the Fourteenth Amendment.

In Jim Olive, the Texas Supreme Court noted that the state’s takings clause is comparable to the Constitution’s language in the Fifth Amendment. According to Bynum and Epic Sports, this finding offers no support for the Fifth Circuit’s conclusion that a takings remedy exists under the Texas Constitution without a comparable remedy under the Fifth Amendment. This argument is bolstered by the fact that Jim Olive involved takings claims under the Texas and U.S. constitutions, and the Texas Supreme Court treated those claims analogously.

A concurrence in Jim Olive hypothesized that claims under Texas constitution for copyright infringement might be available under provisions governing property “applied for public use” or “damaged for public use” rather than claims for regulatory takings. However, “[t]hese speculations about what potential remedies might be available cannot satisfy Due Process,” Bynum and Epic Sports argued. Cases in which a post-deprivation remedy has been upheld as satisfying due process under the Fourteenth Amendment have all involved remedies that are generally uncontested and well-established.

“Appellants have found no decisions rejecting a due process claim on the basis of a potential state-law remedy that no court has affirmatively recognized,” Bynum and Epic Sports argued. While the Fifth Circuit had relied on language from its 2009 decision in McClure v. Biesenbach to find that post-deprivation remedies are adequate “if it allows the prospect of compensation for the loss suffered,” Bynum and Epic Sports pointed out that Parratt v. Taylor (1981), which the Fifth Circuit cited for the proposition made in McClure, indicated that state remedies had to be in existence at the time of the deprivation and capable of fully compensating the property owner for his loss. The petition concludes:

It is, of course, too late for Appellants to pursue a Takings remedy under the Texas constitution. And it is hardly reasonable to tell Appellants that they should have sought these never-before-recognized remedies in state court rather than filing their claims in federal court. A requirement that federal plaintiffs guess correctly about what remedies a state court might someday recognize—at the hazard of losing their federal claims—is the antithesis of due process of law.

On September 24, the Fifth Circuit requested a response to the petition for rehearing en banc from the Texas Attorney General by October 4.

 

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Nueces River Rat

Nueces River Rat 5539

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Yes I made this account just for you A&M.  

You guys are miserable, loser cucks. You bring nothing besides money to this conference. Your butt pirate fans are the weirdest, most obnoxious group I’ve ever seen. You walk around pumping yalls chest like y’all are even kind of a thing. Arkansas whooped yalls arse so bad, it’s really bringing out yalls true colors.  

Anyways, quite shite talking our SEC brethren the hawgs. After all, they did just take care of big brother for you.. then proceed to drag there hairy hawg nut sack across your faces. So you should be thanking them (I know you liked the balls across your face too you peter puffers). Piss off and win something of importantance before you come in here and talk shite.  

End Rant 

 

From the SEC Rant.  
 

https://www.secrant.com/rant/sec-football/aggie-fans/98614639/

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El Squared

El Squared 1813

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5 hours ago, South Austin said:

And I don't think he's there yet.  The Bulldogs seem like a very meh 2-2 so far, and I don't think they'll be slinging it up and down the aggy defense.  Shitty aggy QB play and Jimbo's derpy play calling is what will keep this close.  I'm thinking of something like a 21-17 score, regardless of who wins.

True but if anyone watched the Colorado game vs aggy, it was a fight between two regarded teams, MSU looked better than either.

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Hagbard Celine

Hagbard Celine 10929

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11 hours ago, Orange&White said:

Probably not much better, but the Texas Athletic Department doesn't have an outstanding debt to the Academic side that is 10 years old and has a much better balance sheet.

randolph has already probably weighed in, but iirc the loans were from 07 and 08, so 14 years ago

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Hagbard Celine

Hagbard Celine 10929

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11 hours ago, Pimphand said:

https://www.rollbamaroll.com/2021/9/28/22694086/nsfw-its-meltdown-time-tigers-and-aggies-are-disappoint

Man either rollbamaroll has gotten lazy or the ministry of information did a stellar fucking job during and after the game.

it's the latter

the moi was so devastated on sunday they didn't start scrubbing threads until monday morning

they have 20+ people on the payroll federal rona dole but not one of them could crawl away from the vomit-stained sheep stall to get online and clean up the heresy

the pig loss is really fucking devastating to their narrative

they CASHED IN every game as a win except bammer

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Randolph Duke

Randolph Duke 4034

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Posted (edited)
28 minutes ago, Hagbard Celine said:

randolph has already probably weighed in, but iirc the loans were from 07 and 08, so 14 years ago

$4 mil each for 06, 07, 08 and 09. That was the original $16 mil (interest free) they tried to hide from the media and the taxpayers. They agreed to start repaying $1 mil/ yr, but then the conference switch happened. 

Again in 2012 they couldn’t pay their bills and had to borrow an additional $5.2 mil. A total of $21.2 from the academic side. Last I knew, it was scheduled to be repaid around 2030, but that may have been extended. All interest free.

The foregone interest of roughly $1 mil/ yr deprives the students and constitutes an unreported subsidy from the academic side to aggy athletics. 

Edited by Randolph Duke
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Pimphand

Pimphand 5909

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15 hours ago, Elmer_Fudd said:

Rant thread talking about Jimbo being no different than the Ogre and Chizik.

https://www.secrant.com/rant/sec-football/explain-to-me-how-jimbo-isnt-the-same-as-ed-o-and-chizik-according-to-rant-standards/98600274/

I have told my aggy friends that Bilbo Aggins salt water gator style death roll departure at FSU was a harbinger of things to come. Most universally denied it at first but a few entities are starting to see the emperor has no clothes and so nodes of skynet are indeed becoming self aware.

Prepare for the end of days once he dismantles aggy to the point they all see it.

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Pimphand

Pimphand 5909

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7 hours ago, General Specific said:


I forget the authors name, but his books are a quick read. Read all three in less than a min. Major titles include:

Things aggy gets right.

Great German Cooks.

Great French War Hero’s.

I thought the joke was Aggy lives in a world where

Their cook is English.
Their mechanic is French.
Their policeman is German.
Their lover is Swiss.
It is all organized by the Italians.

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