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🎓 Dr. Freemo :jpf: 🇳🇱 boosted
John BS

@freemo I believe Cosby is in the wrong, but the reason he was freed is actually more nuanced, and was caused by a prosecutorial error and a lack of judicial oversight years ago.

The DA, during Cosby's initial testimony, offered him criminal immunity in exchange for a "forced" testimony during the simultaneous civil proceeding (i.e. he wouldn't be charged criminally but was forced to testify in the lawsuit that was going on at the time).

This deal was made by the prosecutor as he wasn't confident in the burden of proof being held up in criminal court but thought he could get justice for the plaintiff in civil proceedings instead (in criminal cases, the burden of proof is "beyond a reasonable doubt", whereas in civil cases, it's "the preponderance of evidence"). Ultimately this deal led to a settlement of (I think) $3.4 million dollars for the victim during the initial cases, but in exchange for criminal immunity. While not perfect, it's certainly better than nothing for the plaintiff if a jury decided there wasn't enough evidence to convict, which was especially likely if he didn't testify by exercising his 5th amendment rights.

The new case that was opened leveraged transcripts of his initial confession, which he as promised by the initial DA would never be used to prosecute him. Thus, they violated his 5th amendment right against self-incrimination to obtain the evidence, and he was let go. This was all determined completely irrespective of whether or not he was actually guilty, but due to this error the Supreme Court determined his rights were violated so badly that he couldn't be tried again (in a 5-4 or 6-3 decision). The dissent was only caused by the decision of upholding double Jeopardy in this case, not whether his rights were violated.

While I think he should have been put away, this was ultimately a compromise by the initial DA, and a further mistake by current prosecutors to leverage evidence that was "fruit from the poisonous tree".

P.S. IDC about weed, people should be able to do what they want as long as they don't hurt other people.

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🎓 Dr. Freemo :jpf: 🇳🇱

@johnabs I agree, cosby was wrong and got out on a technicality. Im not sure that justifies it. in fact the fact that he can legitimately rape someone and have it proven yet wind up free on a technicality is kinda the reason people arent cool with it.

The thing is, you can persue the civil cases and get compensation regardless of whether or not Cosby was convicted criminally or not. So I'm not really sure that justifies the plea deal.

Either way I think the bigger issue is that the prosecuter made a plea deal that they shouldnt have had the ability to make in the first place, therein lies the problem.

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🎓 Dr. Freemo :jpf: 🇳🇱 boosted
Eugen Rochko

@freemo @tek @rysiek @mkljczk @xorowl @jimpjorps For comparison, average mastodon.social traffic is 200 req/s. I don't think it matters what we call it though. In my view it's a denial-of-service when it impacts performance due to unintended use, though maybe you could expand that to intended use as well. While the individual endpoints are intended to be used, it is the frequency with which they are retrieved that is unintended.

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🎓 Dr. Freemo :jpf: 🇳🇱

@rysiek

I already said in my first response he is entierly justified in blocking whoever he wants, for any reason, and this is as good as any. So we are in agreement.

@Gargron @mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@rysiek

I mentioned that DDoS was a bit harsh.. I didnt actually expect anyone to debate it and turn it into a huge thing. I guess I forgot I was on the internet :)

@tek @Gargron @mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@Gargron

Agreed. It seems to me this is just a poor implementation that is "rude" and pings the endpoint **way** too much and they were too lazy (or didnt know enough) to add the appropriate caching. Call that what you will, it isnt important. But either way they made a error.

@tek @rysiek @mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@pthenq1 Actually you can,because it isnt ignorance of the law, it is ignorance of if they are welcome on the premise or not... Cops standing around directing people politely through the building without asking them to leave (which was the expiernce for many) would suggest to the general public they are welcome there.

If you want to say someone is breaking a tresspassing law you cant have wide open doors, an orderly shuffle of tourists and even official security going "right this way ma'am" as they lead them down the hallways they are "allowed" in. Which again is what many of the people like this saw.

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🎓 Dr. Freemo :jpf: 🇳🇱

@tek

then I misread it, that is on the high side.. though depends how many users were doing it. I would imagine mastodon clients in general produce more requests per second than that collectively but we wouldnt call those a DDoS... I dunno we are arguing semantics though, does it even matter what we call it?

@Gargron @rysiek @mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@rysiek

I cant speak to Gargron's setup but I think most setups would be able to handle 3400 RPM on the outbox without even batting an eye.

Also by that logic if too many people start using mastodon clients on their phone or desktop then that is a DDoS since enough of them are distributed and would lead to resource depletion.

@Gargron @mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@fikran

QOTO doesnt run vanilla mastodon, we are a heavily modified fork.. yes QOTO has groups, and we are one of few servers on the internet that does (only other one I know of is a japanese language server that uses the same groups code).

@strawberryfieldsforever @vital876@mastodon.social @bespectacled239

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🎓 Dr. Freemo :jpf: 🇳🇱

@pthenq1 She was in all liklihood completely unaware she was breaking the law (like many that day). Anyone who watched the video saw that the scene looked as if the doors were simply open and the crowd welcomed in. Copys didnt tell them to leave in many areas and people politely walked through as if just wandering tourists.

So while strictly speaking maybe she was breaking the law, in reality she like most of the people had no idea they werent allowed there, nor did the vast majority of them resist if and when asked to leave (some did, but they were a minority).

This has been repeated by people there countless times.

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🎓 Dr. Freemo :jpf: 🇳🇱

@mkljczk@mstdn.io

Looks like the only real "crime" here is they didnt implement reasonable cacheing.

@Gargron @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@stux Well depends. That isnt 3600RPM from a single source.. we are talking about several people pinging **their own accounts** to integrate it in the game.. So if that is 360 different people all pinging the API 10 times a minute then, while cacheing would be nice, it doesnt strike me as all that excessive.

Most servers could handle 3600RPM a minute without batting an eye, especially if you have some reasonable cacheing in place.

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🎓 Dr. Freemo :jpf: 🇳🇱

@fikran

Pleorma is nice, the UI I dont like, but the rest of it is pretty nice. though we do have a few features pleroma still doesn't have (and most of the fediverse doesn't really) like groups integration for example.

@strawberryfieldsforever @vital876@mastodon.social @bespectacled239

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🎓 Dr. Freemo :jpf: 🇳🇱 boosted
Trinsec @Qoto

@bespectacled239 The huge character limit was one of the reasons I went for this instance as well. I was used to at least 2k characters and anything smaller felt like a huge step down in QoL.

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🎓 Dr. Freemo :jpf: 🇳🇱

Just a little reminder

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🎓 Dr. Freemo :jpf: 🇳🇱

@realcaseyrollins Sounds like censorship to me.. I hope you got your AR-15 loaded and ready to go!

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🎓 Dr. Freemo :jpf: 🇳🇱

@Gargron

Honestly you dont have to justify yourself to me. I dont think your decision was bad per se. Just criticizing the harsh language which didnt seem fitting to me. Even if we agreed it isnt a DDoS you'd be justified in blocking them, all good.

@mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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🎓 Dr. Freemo :jpf: 🇳🇱

@mkljczk@mstdn.io

Yea that is an explanation that I think is more accurate. Also, frankly, he doesnt need a reason to block it, but yea I'd say his reasonings are fine. I just wanted to pointed out I think DDoS is just a bit harsh and im not sure the author really had any ill intent.

@xorowl@mastodon.technology @jimpjorps @Gargron

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🎓 Dr. Freemo :jpf: 🇳🇱

@Gargron

Fair, if a single client is hitting it excessively then it should be cached and isnt good etiquette for sure. Not quite sure I'd call it a DDoS but still, its bad design.

@mkljczk@mstdn.io @xorowl@mastodon.technology @jimpjorps

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