Posted on 08/29/2016 6:15:01 PM PDT by Swordmaker
I take it you aren’t what we would call a strict constitutionalist?
“We are human beings, not machines. Nothing is done perfectly. Law must have heart - it no longer does.”
Is this your version of the “heartless” tirade? Sorry, but justice SHOULD be blind. Constitution guarantees equality before the law. It should be just(ice) and applied evenly for all. Not “heart warming application” above the law. Equality before the law!
Original Constitution of 1776, or current post 14th Amendment corporate Constitution of 1868? Or don't you know the difference?
Is this your version of a "legal" response? Sorry, but I even gave you a direct reference and you still screwed it up. Jury nullification was part of the law of the original constitution, with deep historical roots, and its still legal today - except judges refuse to allow it in their courts. Is that okay with you? What other laws would you get rid of, to make things more "equal," hmmm? I mean, while you're picking and choosing for fairness and everything?
Are you saying that amendments (as prescribed by the 5th Amendment) aren’t constitutional? After all, the 5th amendment lays the process for further amendments.
Sorry, I disagree, Talisker, it isn't corporate law, it's probate law, the law of inheritance and trusts that controls this, as well as the law of liability. Law is what keeps us civilized and the balance between people straight.
How do you know that the father and son were not estranged and the son would prefer that his songs and art would go to his wife, if he had one? Or his girlfriend? Of a brother? Perhaps he had children? It is NOT Apple's choice WHO gets access when all they have is the father's word about it. They could be SUED by the actual legal heir if they just give the father access.
Do you know what ELSE is on that computer other than the art and music???
The humanity is to make sure that the son's wishes are met, not his father's, but his, to make sure that his TRUE heir gets his property. It very well may be his father, but until a proper ruling is made, Apple cannot just give the father access.
How would you feel if you were the rightful heir and someone just gave YOUR inheritance to the first person who asked? Trust me, it has happened. What would you do? Would you sue? The author of the "Girl with the Dragon Tattoo" died intestate and his girlfriend of 20 years had possession of his computer with the next several books on it. . . but his family, his legal heirs, are STILL fighting for possession of it. Another party has possession of the last completed and ready to publish book. . . and won't let go of it. Same problem. Who really owns rights? The girlfriend of 20 years has property rights in Sweden, but what are they? Only a court can tell.
Certainly a private company cannot make that determination. If they did, it would be at their financial risk. Possibly a HUGE risk.
A process which was not followed for the 14th, which in turn replaced rights with corporate privileges, which turned courts corporate and allowed them to deny human, common law legal principles like jury nullification, which created millions of formerly free people who argue against the very legal system which protected their humanity.
Constitutional? The Founders would spit. People have utterly forgotten what makes the American Constitution so unique.
Or used to...
In America, probate law IS corporate law, as parties are all presumed to consent to corporate status. There are no rights, only privileges. No common law challenges to jurisdiction or procedure are heard.
Don't preach to me about what keeps us civilized - especially your understanding of law. Law is what is being used to DE- civilize us as we speak. No one recognizes the replacement of rights with privileges anymore. People argue against their own fundamental freedoms as if they are poison. Corporate law has become a god that no one dare even question, even when it states its own limitations.
But why worry about it - nothing and no one is challenging Apple except some poor, pathetic father bleating about "love." What an uncivilized chump.
If the guy set up FileVault (disk encryption) correctly, even Apple won’t be able to get at the data.
I completely agree, if the family wants this information so badly, then getting the court order to do so is a minor irritation, and without any indication in his will or otherwise that he desired that data to be made available to his family, Apple should not be put in a position where it is making that decision.
Computer World is still around?
Wow!
My concern....if my wife sees whats on my computer after my death... she might disinherat me and the money thats goes with it..../s
As a practical matter, if I want someone to have access to my data, I will give them the password while I am still alive.
This is a very easy thing to do, and leaves Apple or any other computer company completely out of the loop.
Otherwise, Apple is right on this.
Just dang.
No, Talisker. There is a difference between mercy in the law and the rule of men, which is what Hillary is being afforded, is a huge gulf. Hillary is being given a pass on everything she does because of who she is, not because she deserves mercy. That is what the rule of men is all about. The LAW is being set aside by men, who choose to ignore what the law says. When MEN can say the law is what they say it is, not what is written, then anarchy prevails.
You are advocating the rule of men with your desire for a company to set aside policy merely because you have sympathy for the father who has lost his son.
You're asking for Apple to fantasize that the Father has a right to the data above all other potential heirs. I know you are wrong under they law.
As much as you are emoting all over the place about this, Talisker, it is NOT Apple's or any other private company's place to make this decision. This very kind of thing is WHY we have probate courts in the first place.
Funny, I thought this whole thing was about the intersection of human emotions and the law.
Only to find out that most see no intersection at all.
Because most don't even see two sides that can intersect.
Well, the good news is that corporate law will prevail here. And even better, other than my emoting and some father claiming love, no one will even scratch their heads as the locomotive roars by.
Humans. Pfft.
"Politics is the art of looking for trouble,
finding it everywhere,
diagnosing it incorrectly
and applying the wrong remedies."
- Groucho Marx
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