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Cake day: June 18th, 2023

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  • But then who says what the statutes that Congress passed mean…?

    In this case, the court has determined that notices in English only, that give a 24 hour deadline, with no information about how to contact an attorney, are illegal. That amount of notice is not due process as guaranteed by the 5th amendment of the Constitution.

    The constitution overrides all parts of federal law, including the Alien Enemies Act. There is no power to suspend the constitution here. Not even a war power. The constitution applies to the plaintiffs in this case, because they are in the territory of the United States. Full stop.

    The government has argued to the court, without citing any specific clause of the constitution, that the President enjoys broad “war powers” that prevent the court from looking into any aspect of what the administration is doing here. The court has clearly rejected that argument* with respect to the 5th amendment concerns.

    So that is what the law is, and that’s what the law is not. That’s a final decision.

    *The court has not decided yet on whether the government can use this reasoning to block any interpretation of the meaning of the words “invasion” or “predatory incursion.” The lower courts that have ruled are something like 4 or 5 to 1, on the side that the judiciary can interpret those words.

    EDIT: Actually, I think the one judge that ruled for the AEA proclamation did so by interpreting “invasion” by looking it up in a dictionary. She just used a modern dictionary, while the others have been using 1798 dictionaries.




  • Historically speaking, USSR / Russia, China, and NK have loved to talk up the capabilities of their kit, and these parades were a big part of that. They have frequently failed to deliver on all of their promised capabilities.

    In the United States we have done the opposite. We don’t talk about our latest gen aircraft programs; we hide them out in the desert. When we do talk we remain cagey about what we have for years and decades, until long after we’ve started selling it to allies.

    I understand that this parade will not show off our real capabilities (not at 25 tanks anyway), but I am saddened that the man feels like he needs to stoop to the level of the adversaries we’ve held for so long.




  • I am not a lawyer, and I am not your lawyer.

    Off the top of my head, I can’t really see where or how this is illegal in most US jurisdictions. In “at will” states you can be hired or fired at any time for any reason* or no reason. And likewise you can quit at any time for any reason or no reason. If you can be hired or fired based on this scam, you can be promoted or held back based on it.

    Having said that, this is really scammy, and I would not want to work there.

    *except discrimination based on: race, color, religion, sex, national origin, age (>40), or genetics. Likewise, retaliation for unlawful sexual harassment.




  • mkwt@lemmy.worldtoAsklemmy@lemmy.mlHow do I make a product?
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    22 days ago

    I work in engineering, sometimes with startup types that want to develop a “product”. I’m also a coinventor on some patent applications. This response will be based on US perspective and economics.

    1. First before all, do a patent search. This is to find out if someone already patented your ideas. If so, you either need to pay them royalties to license the patent(s) or rework your product to avoid the patents. Google Patents is highly accessible for this.
    2. Then, if you think you have original, patentable ideas, engage a patent attorney to do a “real” search and to work on filings. This will take money (at least 10s of thousands US) for the initial work. All the major legal jurisdictions are “first to file,” so it no longer helps to mail your notebooks to yourself for proof of date of invention. You have to at least file a provisional application to get a patent priority date. Keep everything top secret until you have that application. Execute non disclosure agreements (NDAs) with any outside firm or individual you talk with. 2b. As an aside, software is not generally patentable any more, on the grounds that math formulas are also not patentable. There may still be some ability to patent software-oriented ideas as business methods or the like. Just because the patent office issued a software patent doesn’t mean it’s enforceable. Courts hold patents to be invalid all the time.
    3. I want to impress upon you some view of the real costs of prototype design and what is known as “nonrecurring engineering” (NRE) in the biz. You don’t say, but it sounds like you want some amount of custom electronics coupled with some backend software. Costs can vary considerably depending on circumstance, but I would typically see 100k-300k USD in design and prototype build costs to get initial prototypes with some limited functionality for these components. It could very well take 1 million USD or more to get a more complete product design. This also depends a lot on how you engage engineering talent: turnkey consultants can be the most expensive, or you could save a bunch of up front labor cost by offering equity to a key designer. 3b. I don’t know how complicated this app is, but it’s not unusual for software engineering costs to overshadow the hardware engineering costs, and sometimes by a lot. This might be something to keep in mind if you’re contemplating app development up front paired with virtual hardware plans.
    4. A “virtual design” for hardware that is just drawings could be done for cheaper than the prototype quote I gave. I see common prices for that kind of work at least 10k and up to 50k depending on how much initial design work you want or need done (and how the talent is engaged, etc, etc).
    5. Manufacturing. Depends of course on what is going into your gadget and how many units you plan to build.
      5a. Custom PCBs can commonly be run in low volumes for relatively cheap. It’s more expensive to solder the components on than just to etch the boards. There are many board houses that let you turn in your design files and get a quote online. 5b. For startup that wants a low volume (~100) of some gadget, you might want to look into contract manufacturers. These will assemble your product per drawings, typically in a non-automated or low-automation fashion. For example, they might have pick and place machines and expensive wave flow solder machines to assemble PCBs, but then the boards are screwed into enclosures by hand. These places might run double or triple the per unit cost of a more automated setup, but it can still be the best option for low numbers of units. 5c. Overseas manufacturing can cut costs through reduced labor bills. The traditional hurdles in the startup environment are long shipping lead times (particularly by sea, 10-12 weeks not uncommon) and the added hassle and complexity of international business dealings. In the US particularly, the recent tariff situation is throwing a monkey wrench right in the middle of this, and I will not attempt to analyze the impact. 5d. A commonly surprising manufacturing cost: if using injection molded plastic for enclosures or the like, the custom molds can cost several 10s of thousands to build and store. This is a fixed cost, so it doesn’t impact the per unit for large volumes, but it is often an expensive hurdle in the total manufacturing process for small startups.
    6. Regulatory. It’s highly likely that any consumer facing gadget will need at least some regulatory testing, probably from a dedicated contract test house For example in the US, Underwriters Laboratory (UL) demands safety testing, and the FCC can require “part 15” testing and separate testing if you have a radio (such as WiFi or Bluetooth). As an exercise you could try looking up all of the various logos on the bottom of your favorite gizmo or in the fine print in the manual.



  • As long as it’s a federal court holding them in contempt, Trump can just pardon them.

    Criminal contempt has this problem, but civil contempt is not pardonable, because there is no crime to pardon.

    Judge Boasberg is trying to proceed with criminal contempt on the “turn the planes around” order. Whatever happens there, it is unlikely to end in convictions that stick.

    Judge Xinis is proceeding towards civil contempt. If she finds someone in willful contempt, she can imprison them until they choose to comply. And the evidence standard in civil contempt is “clear and convincing,” not “beyond a reasonable doubt.”


  • I’m pretty sure nobody registers their personal smartphone and laptop every time they leave the US for a vacation.

    I agree with you on this, but CBP is certainly within their legal rights to interrogate you on the origins of your personal electronics, and they can make a determination that your stuff is subject to duty if it’s over the limit and they don’t believe you are reimporting.


  • The infamous immunity ruling gives the President a lot of immunity from criminal prosecution.

    But besides that, there’s an older precedent in civil litigation that no judge can write an injunction directly against the President in the performance of his official duties. So all of these TROs and injunctions, including the Friday SC order, either do not apply to the President himself, or they are illegally broad*.

    Under this theory of law, the President could theoretically arrest and deport all the people he wants with no judicial intervention – just as long he does all the arrests by himself, and flies the planes by himself, etc. In reality, the fat man is always going to have underlings doing the stuff for him, and they do not have this immunity from civil injunctions.

    *This is one of the points raised in Alito’s dissent: the SC order applies to “the Government”, without saying whether the President is included or not.


  • For residents of the United States the duty free limit when returning is 800 dollars worth of stuff. I believe that’s every thirty days. You usually have to answer whether you exceed this limit in the declaration.

    So you just go to Canada, buy the thing, unpack it from the packaging, and pretend like its just personal items. Just like a smartphone.

    If tariffs become a big thing, this will definitely happen more, but it will also get a lot more scrutiny from customs as well.

    AFIAK, border agents usually don’t ask if you bought your phone in the US or from outside, they shouldn’t ask about other personal electronics, right?

    Stuff that you exported and reimported for personal or business use, but not for resale, is exempt from duty with no dollar limits. If you want documented proof that you are reimporting, you can register the stuff at a customs office in the United States before you leave.





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