New top story on Hacker News: Italy extends lockdown amid hopes of turning corner
No commentsTuesday, 31 March 2020
Days After a Funeral in a Georgia Town, Coronavirus ‘Hit Like a Bomb’
No comments
By Ellen Barry from NYT U.S. https://ift.tt/33YhnrE
Restrictions Are Slowing Coronavirus Infections, New Data Suggest
No comments
By Donald G. McNeil Jr. from NYT Health https://ift.tt/2vWO1x8
Inside G.M.’s Race to Build Ventilators, Before Trump’s Attack
No comments
By Neal E. Boudette and Andrew Jacobs from NYT Business https://ift.tt/2UvZjSJ
Trump Extends Social Distancing Guidelines Through End of April
No comments
By Michael D. Shear from NYT U.S. https://ift.tt/2xAyFig
White House Airlifts Medical Supplies From China in Coronavirus Fight
No comments
By Ana Swanson from NYT Business https://ift.tt/2WQrRb2
They Survived the Spanish Flu, the Depression and the Holocaust
No comments
By Ginia Bellafante from NYT New York https://ift.tt/2wIcnLy
The 36 Questions That Lead to Love
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By Daniel Jones from NYT Style https://ift.tt/2LItlxz
Nurses Die, Doctors Fall Sick and Panic Rises on Virus Front Lines
No comments
By Michael Schwirtz from NYT New York https://ift.tt/2RbpX1d
914 Dead in N.Y.C., and City’s Virus Case Count Tops 38,000: Live Updates
No commentsBy Unknown Author from NYT New York https://ift.tt/2QYXsUi
New top story on Hacker News: Show HN: RapidFuzz – A fast string matching library for Python
No commentsMonday, 30 March 2020
3 by maxbachmann | 0 comments on shero.
Philadelphia Hospital to Stay Closed After Owner Requests Nearly $1 Million a Month
No comments
By Maria Cramer from NYT U.S. https://ift.tt/33OOxtE
India’s Coronavirus Lockdown Leaves Vast Numbers Stranded and Hungry
No comments
By Maria Abi-Habib and Sameer Yasir from NYT World https://ift.tt/2JmL2Bl
Coronavirus Slowdown in Seattle Suggests Restrictions Are Working
No comments
By Mike Baker from NYT U.S. https://ift.tt/2yjKkT9
New York State Exceeds 1,000 Coronavirus Deaths
No comments
By Unknown Author from NYT New York https://ift.tt/2xx6nFD
Short Attention Span? All These Movies Are Under 90 Minutes
No comments
By Jason Bailey from NYT Movies https://ift.tt/2UnOoKC
New top story on Hacker News: Ask HN: Is now a good time to invest in ETFs?
No comments7 by r0f1 | 3 comments on shero.
There was a huge drop in all major indices. Is now a good time to invest in exchange traded funds?
Coronavirus Crisis Awakens a Sleeping Giant: China’s Youth
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By Vivian Wang and Javier C. Hernández from NYT World https://ift.tt/2JohAL8
In the Coronavirus Fight in Scandinavia, Sweden Stands Apart
No comments
By Christina Anderson and Henrik Pryser Libell from NYT World https://ift.tt/33OYYNW
The Lost Month: How a Failure to Test Blinded the U.S. to Covid-19
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By Michael D. Shear, Abby Goodnough, Sheila Kaplan, Sheri Fink, Katie Thomas and Noah Weiland from NYT U.S. https://ift.tt/33RA00l
N.Y.C.’s 911 System Is Overwhelmed. ‘I’m Terrified,’ a Paramedic Says.
No comments
By Ali Watkins from NYT New York https://ift.tt/2w06OYC
Trump Backtracks After Cuomo Criticizes Quarantine Idea
No commentsBy Unknown Author from NYT New York https://ift.tt/2WReoQq
Trump Suggests He Can Gag Inspector General for Stimulus Bailout Program
No comments
By Charlie Savage from NYT U.S. https://ift.tt/2JoM4ws
A Heart Attack? No, It Was the Coronavirus
No comments
By Gina Kolata from NYT Health https://ift.tt/2UBRRUQ
‘White-Collar Quarantine’ Over Virus Spotlights Class Divide
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By Noam Scheiber, Nelson D. Schwartz and Tiffany Hsu from NYT Business https://ift.tt/2UGcU8L
‘Women Will Not Be Forced to Be Alone When They Are Giving Birth’
No comments
By Katie Van Syckle and Christina Caron from NYT Parenting https://ift.tt/2QQuW6Y
I Am Hospitalized With the Coronavirus
No commentsSaturday, 28 March 2020
By Jeremy Egner from NYT Sunday Review https://ift.tt/2UmrNhq
De Blasio Threatens Fines for Social-Distance Violators: Live Updates
No comments
By Unknown Author from NYT New York https://ift.tt/2JvG7yd
Trish Regan, Fox Business Host Who Dismissed Virus Concerns, Departs
No comments
By Michael M. Grynbaum from NYT Business https://ift.tt/2wwmJy9
I Became a Disciplined Investor Over 40 Years. The Virus Broke Me in 40 Days.
No comments
By James B. Stewart from NYT Business https://ift.tt/39pePUo
An Open Letter to President Trump
No comments
By Thomas L. Friedman from NYT Opinion https://ift.tt/39hvMA5
E.P.A., Citing Coronavirus, Drastically Relaxes Rules for Polluters
No comments
By Lisa Friedman from NYT Climate https://ift.tt/2JlXPDS
Bonanza for Rich Real Estate Investors, Tucked Into Stimulus Package
No comments
By Jesse Drucker from NYT Business https://ift.tt/2WMzwaq
New top story on Hacker News: Ask HN: Unemployed. What on earth should I do with my life?
No comments20 by confused-c | 10 comments on shero.
I've been unemployed for several months. I don't know what my next job will be, or how to get it. I humbly request your advice on: "What jobs should CC seek, and not seek? How can CC provide value to others?" Skills/talents: I'm much more interested in "how do I get $THING working enough to accomplish important tasks?" than "how do I optimize $THING performance?" My last job was in a CS research lab; I did no computer science but plenty of automation and process-improvement. I've written & implemented a text adventure. Emacs diehard. BA Linguistics (5 years analyzing patterns in syntax, semantics.) Outside computering, I'm a keen writer: between my journal and my website, I produce >100,000 words a year. I consistently make others laugh: in conversation, on stage, and through writing. I've been a Chinese translator and have decent spoken Mandarin. I've already: Applied to hundreds of jobs (interviewed for perhaps ten). Translator positions ask for native Mandarin and good English, not the other way around. Engineer roles select for those who can whip out perfect algo/DS on command (I understand the need for expertise, but my IRL experience is that not having the perfect construct memorized is never the bottleneck to success.) I've had "data analyst" interviews, but no offers, and no clinical research analyst callbacks despite having done that job. Sent loads of cold emails. Volunteered with techy/Chinesey nonprofits/meetups/interest groups. This has brought friends, satisfaction, and board membership, but not career advancement -- and COVID-19 has frozen all events. I'm now: Applying to automation-engineer jobs (thanks, HN "Who's Hiring.") Building server development skills: learning Flask, EC2. Looking at videogame writer jobs. Seeking out startups/small firms that might react positively to who I am/what I do. Considering grad school. My resume and I are at confused.computerman@gmail.com. Thank you for reading. Have a pleasant day. CC
Coronavirus Live Updates: U.S. Cases Top 100,000; Trump Signs $2 Trillion Relief Bill
No commentsBy Unknown Author from NYT World https://ift.tt/3avvLu4
Coronavirus Live Updates: U.S. Cases Top 100,000; Trump Signs $2 Trillion Relief Bill
No commentsBy Unknown Author from NYT World https://ift.tt/2wLew98
Doctors Are Writing Their Wills
No commentsFriday, 27 March 2020
By Bari Weiss from NYT Opinion https://ift.tt/2xtlD65
A N.Y. Nurse Dies. Angry Co-Workers Blame a Lack of Protective Gear.
No comments
By Somini Sengupta from NYT New York https://ift.tt/2wIAppN
‘We’re in Disaster Mode’: Courage Inside a Brooklyn Hospital Confronting Coronavirus
No commentsBy Sheri Fink from NYT New York https://ift.tt/2Jidwfm
G.M. Suspends Production Indefinitely and Cuts Paychecks
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By Unknown Author from NYT Business https://ift.tt/33Synzp
Fine Print of Stimulus Bill Contains Special Deals for Industries
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By Eric Lipton and Kenneth P. Vogel from NYT U.S. https://ift.tt/2wBL1Xq
PRESIDENT'S PROCLAMATION.; The Habeas Corpus Suspended Throughout the United States in Certain Specified Cases.
No commentsBy the President of the United States,A Proclamation. from NYT Archives https://ift.tt/2JoesyN
New on SI: Breaking Down Lamar Jackson's Lawsuit Against Amazon
No commentsOne of the NFL's biggest superstars is suing America's online retail behemoth. How could this legal battle play out?
Reigning MVP Lamar Jackson has quickly become one of the NFL’s best players. Last season, the 23-year-old threw for a league-leading 36 touchdowns against only six interceptions and he amassed 4,333 total yards (3,127 yards passing, 1,206 yards rushing). In doing so, the 2016 Heisman Trophy winner thoroughly demolished the perception that he couldn't cut it as a quarterback in the NFL.
Jackson’s rapid ascension on the field has been matched by a surge in popularity. During the last month of the 2019 season, Jackson’s stardom generated the NFL’s
number one selling jersey. Unlike other NFL stars, Jackson has eschewed endorsements with major footwear and clothing companies. He has instead launched his own brand, Era 8 Apparel, and also used trademark law to protect marks associated with his name.It’s safe to say that the “face of the NFL” for the foreseeable future will be shared by two young and supremely talented quarterbacks: Patrick Mahomes and Jackson.
In a world of imitations, false endorsements and counterfeit goods, Jackson has reason to protect the value of his fame. That fame will provide him millions of dollars long after his playing career ends. And if Jackson fails to stop businesses from selling products that incorporate his identity and that do so without his permission, his brand will be diluted and Era 8 Apparel will lose sales.
On Wednesday, Jackson turned to a federal court in Fort Lauderdale to protect the value of his popularity. In a complaint drafted by attorney Mitchel Chusid and filed in the U.S. District Court for the Southern District of Florida, Jackson charges that Amazon (and its partner company, Amazon Services) has engaged in the “deliberate and unauthorized use” of Jackson’s name, image and persona. Jackson demands a jury trial. His case will be heard by Judge Roy Altman, a former federal prosecutor whom the U.S. Senate confirmed to the bench last year.
Jackson asserts that Amazon has unlawfully infringed on his right of publicity in connection with alleged “false advertising and endorsement of unlicensed and infringing articles of clothing.” These clothing items incorporate names and slogans that are commonly associated with Jackson:
- LaMarvelous
- Action Jackson
- Not Bad for a Running Back
- Quarterback #8
These items have been taken down on Amazon.com, though they can be seen through caches and are detailed in trial exhibits. Jackson contends that Amazon is advertising, marketing and selling these “infringing items” in ways that deceive consumers into believing that he endorses them. Jackson maintains that he has nothing to do with these items and never consented to their creation, manufacture or sale. He argues that Amazon is trying to “commercially exploit [his] celebrity and notoriety” without his consent or that of the NFL.
Jackson also emphasizes that some of the clothing items listed are not merely sold by independent third parties who happen to sell their goods through Amazon. Some are marketed as “shipped and sold by Amazon.com.” Amazon offers third-party sellers a “Fulfillment by Amazon” service where goods sold by third parties are stored in Amazon warehouses and shipped out. Jackson therefore asserts that the world’s largest online retailer is directly responsible. Amazon, Jackson says, is “pirating” his right of publicity and “blatantly exploiting” his fame. Along those lines, he maintains that Amazon is trying to “confuse and deceive” consumers by implying he is somehow connected to the sales.
Jackson’s complaint repeatedly stresses his football achievements and unique talents. For instance, it notes that he is “widely accepted and known as one of the best dual-threat quarterbacks ever to play in the NFL.” The complaint also describes Jackson’s “unmatched ability to "run like a running back" and at the same time "throw touchdown passes with the accuracy and acumen of elite quarterbacks.” In sum, the complaint declares that Jackson “has changed the quarterback position at every level of the game.”
These depictions are not mentioned to boost Jackson’s ego or make teams regret letting him slide in the 2018 NFL Draft (they already regret it). The depictions instead help to establish potential monetary damages: if Jackson wins the case, the more valuable his brand and the more money he’d receive for the misappropriation of his brand. In that same vein, Jackson maintains that sales of his online store for Era 8 apparel have decreased because consumers have purchased unauthorized merchandise instead.
Understanding Jackson’s legal arguments and possible defenses
Jackson’s legal claims rest largely in the right of publicity. This right centers on protecting a person’s identifying characteristics from misappropriation and infringement. There is no federal right of publicity. Its scope and strength vary by state.
In Florida, the right of publicity is both codified in a state statute and reflected in court decisions. In sum, it bars commercially using a person’s name, likeness, portrait, photograph and related identifying traits without that person’s permission. Jackson insists that his right of publicity has been violated by products sold on Amazon’s marketplace. These products, Jackson claims, blatantly use his name, likeness, slogans and image without his consent.
In addition, Jackson asserts that Amazon has breached his rights under Section 43(a) of the Lanham Act. This section forbids false advertising and false endorsements. Jackson contends that the use of such slogans as “Action Jackson”, “LaMarvelous” and “Not Bad for A Running Back” in unauthorized products give the false impression that he endorses them. He argues that consumers are likely deceived or at least confused as to whether he is associated. Jackson also invokes the Florida Deceptive and Unfair Trade Practices Act. The Act makes it illegal for a business to engage in a dishonest commercial practice. Here, Jackson asserts the sale of unauthorized goods associated with his identity is dishonest and hurts his marketability.
Jackson demands three core remedies. First, he wants Amazon to be ordered to provide an accounting of all sales of the items in question. Second, Jackson asks Judge Altman to issue an injunction that would compel Amazon to refrain from using his identity and publicity rights without permission. Third he seeks compensatory and punitive (punishment) damages from Amazon. These damages would be determined by a jury if it found Amazon liable.
Amazon’s possible defenses
Attorneys for Amazon will answer Jackson’s complaint and likely dispute some or most of its purported facts. A complaint is not a neutral retelling of facts. It is an advocacy document. Amazon will have an opportunity to offer a different set of facts that will likely contradict those offered by Jackson. It will be up to evidence and testimony to determine which side has a more persuasive story to tell.
To that end, Amazon might attempt to distance itself from the products mentioned in Jackson’s complaint by claiming it is not their true seller. In doing so, Amazon would need to explain the meaning and boundaries of the phrase, “shipped and sold by Amazon.com.” This phrase is seemingly consistent with Amazon retailing a product. Meanwhile, Amazon might note that while it offers customers a limited set of guarantees when using Amazon to order from a third-party seller, those guarantees are not assurances of the intellectual property of third-party goods.
In addition, Amazon could address the qualities of the disputed products. The company might highlight that none of the products actually say “Lamar Jackson” or contain an image of him. The references are mostly based on slogans. However, one product, a football pullover hoodie, includes in its name the phrase “Action Jackson.” It seems pretty clear that’s not a reference to the 1988 film of the same name starring Carl Weathers, Craig T. Nelson and Sharon Stone. Also, it’s hard to imagine the “LaMarvellous vintage Baltimore QB Jackson MVP T-Shirt” being about someone other than Lamar Jackson. That’s particularly the case when the product description expresses, “the dynamic QB and future MVP is in his own class of marvelous. Perfect for the next football game tailgate in Baltimore!”
The First Amendment could also supply a defense. In right of publicity cases, defendants can argue that the use of a celebrity’s identity was for legitimate entertainment or news purposes. While that type of defense might be helpful if the disputed products involved the sharing of biographical information about Jackson, or unique analytics or insights about his performance, the sale of apparel likely doesn’t quite fit.
The case will probably end in a settlement and could be delayed due to coronavirus
Jackson’s case could take time to play out. Like courts across the country, the Miami federal district court has issued restrictions that might slow litigations in hopes of keeping people safe and helping to curb the coronavirus disease pandemic. Also, like most civil litigation, the odds are heavily against Jackson v. Amazon going to trial. The two sides will probably work out a financial settlement. We’ll keep you posted.
Michael McCann is SI’s Legal Analyst. He is also an attorney and the Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.
New Orleans Faces a Virus Nightmare, and Mardi Gras May Be Why
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By Katy Reckdahl, Campbell Robertson and Richard Fausset from NYT U.S. https://ift.tt/3amb03R
N.Y.C. Death Toll Hits 365 as Case Count Tops 23,000: Live Updates
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By Unknown Author from NYT New York https://ift.tt/3awYDli
New on SI: Bucs Tight End Cameron Brate Weighs in on Coronavirus, Brady Acquisition
No commentsBrate on Brady: To receive passes from him will be "pretty surreal."
With many of the world's sports leagues put on an indefinite hold while the health community deals with the coronavirus pandemic, one league that has perhaps been the least impacted is the NFL. Free agency, scouting and
draft preparations have all been altered, but the league has not yet lost any games scheduled.But how have players had their offseason routines been changed to deal with the current circumstances? To dig into that, Sports Illustrated sat down with Tampa Bay Buccaneers tight end Cameron Brate to discuss how he's been spending his offseason time, how he's adjusted his schedule and his reaction to the team signing Tom Brady in free agency.
"Sadly it's really not too different," Brate said of his offseason routine. "You know, usually just try and get the workout in the morning and you know, I'm a homeowner now within the past year, so try to take care of some chores around the house, hang out with the dog."
In his sixth season with Tampa Bay, Brate had 36 receptions for 311 yards and four touchdowns. Despite reports that Brady was seriously considering the Bucs in the days leading up to his eventual decision, Brate didn't necessarily believe them until the six-time Super Bowl champion's decision became official.
"I was honestly pretty surprised," Brate said. "I figured he would stay up in new England or maybe go to LA, but didn't really think you'd end up in Tampa. Obviously, his resume speaks for itself. I'm a huge football fan, so I've watched him play for the past 20 years and he's kind of been one of the guys I've looked up to. To hopefully be on the receiving end of some passes from him this year is going to be pretty surreal, and I'm really looking forward to that opportunity."
He and fellow tight end O.J. Howard have combined for 28 touchdown passes as teammates over the past three years, and the pair is looking forward to working with Brady once the season begins.
"Back when I was in college was, when they had Gronk and Hernandez working together as the two tight ends, I got to kind of watch that firsthand," Brate said. "Hopefully, with (Brady) at quarterback for us, we'll get the tight ends a little more involved this year, and me and O.J. are definitely fired up to be part of it."
New on SI: NFL Draft to Occur April 23-25 Despite Uncertainty Resulting From Coronavirus
No commentsThe NFL draft is proceeding as planned on April 23-25, according to a new memo sent out by commissioner Roger Goodell.
The NFL draft will be held April 23-25, commissioner Roger Goodell confirmed in a memo sent to teams on Thursday.
In the
memo, Goodell wrote that despite the coronavirus pandemic halting much of the sports world, the league's CEC was "unanimous and unequivocal that the Draft should go forward as scheduled.""Everyone recognizes that public health conditions are highly uncertain and there is no assurance that we can select a different date and be confident that conditions will be significantly more favorable than they are today," Goodell wrote. "I also believe that the Draft can serve a very positive purpose for our clubs, our fans, and the country at large, and many of you have agreed."
Per Goodell's memo, all clubs should be planning on conducting draft operations outside of team facilities with a limited number of people present.
On Tuesday, ESPN's Adam Schefter reported that a number of the league's general managers were "concerned" that there "won't be enough time for player physicals, gathering psychological testing, getting further verified information about the players" and that some teams might potentially have to conduct the draft from home.
Goodell sent a memo to its clubs on Tuesday evening alerting them that all club facilities will remained closed to all personnel, with limited exceptions.
The NFL draft was originally set to be held in Las Vegas, but it will reportedly now be conducted in a studio setting, according to the Los Angeles Times. The league previously canceled all public events that had been scheduled revolving around the draft.
As of Thursday afternoon, there were more than 512,000 confirmed cases of the coronavirus worldwide, causing 23,400 deaths. The United States now has the most confirmed cases worldwide, with nearly 81,500 confirmed cases.
New top story on Hacker News: Show HN: I made a site that aggregates entry-level positions
No commentsThursday, 26 March 2020
22 by docoleman36 | 7 comments on shero.
New top story on Hacker News: Ask HN: How to Self Study Physics?
No comments14 by hsikka | 5 comments on shero.
Hey HN, I'm a CS graduate student, and I do a lot of Deep Learning Research. I've always wanted to get a strong foundation in Physics, and while on lockdown because of COVID, I thought it would be a great opportunity. I've run across this incredible guide https://ift.tt/2kPZYcv and I was also thinking about going through MIT Open Courseware following their bachelor's curriculum. Do you all have any suggestions or tips? I really appreciate it!
De Blasio Calls Stimulus Deal’s Treatment of N.Y.C. ‘Immoral’
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By Unknown Author from NYT New York https://ift.tt/39jYal6
Brooklyn High School Principal, 36, Dies from Coronavirus
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By Corey Kilgannon from NYT New York https://ift.tt/2WHWfnZ
Can You Become Immune to the Coronavirus?
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By Apoorva Mandavilli from NYT Health https://ift.tt/33LTdAs
Man Who Said, ‘If I Get Corona, I Get Corona,’ Apologizes
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By Aimee Ortiz from NYT U.S. https://ift.tt/3bpeti5
Coronavirus Is Advancing. All Americans Need to Shelter in Place.
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By The Editorial Board from NYT Opinion https://ift.tt/39k4Y2a
How Cuomo, Once on Sidelines, Became the Politician of the Moment
No commentsBy Jesse McKinley and Shane Goldmacher from NYT New York https://ift.tt/2UfFYVs
Shutdown Spotlights Economic Cost of Saving Lives
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By Eduardo Porter and Jim Tankersley from NYT Business https://ift.tt/2woLFrj
5 Key Things in the $2 Trillion Coronavirus Stimulus Package
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By Catie Edmondson from NYT U.S. https://ift.tt/33KR488
13 Deaths in a Day: An ‘Apocalyptic’ Coronavirus Surge at an N.Y.C. Hospital
No commentsBy Michael Rothfeld, Somini Sengupta, Joseph Goldstein and Brian M. Rosenthal from NYT New York https://ift.tt/3bpc5aZ
New top story on Hacker News: Ask HN: How would you improve this bash oneliner for deleting tweets?
No comments11 by jamiehall | 6 comments on shero.
Many people use tweet deletion services, which periodically remove everything from their Twitter timeline; I wondered if it could be done from a Bash command line. I wrote up my experiences as an explainer for nontechnical people: https://ift.tt/2y1gdzB... TL;DR, here is the oneliner I've been using: $ twurl "/1.1/statuses/user_timeline.json?screen_name=YOUR_TWITTER_HANDLE&count=200 &max_id=$( twurl '/1.1/statuses/user_timeline.json?screen_name=YOUR_TWITTER_HANDLE&count=200&include_rts=1' | jq -c -r '.[] | .id_str' | head -10 | tail -1) &include_rts=1" | jq -c -r '.[] | .id_str' | parallel -j 10 -a - twurl -X POST /1.1/statuses/destroy/{1}.json > /dev/null [Edit: I've put line breaks in there to make it more legible.] I'm curious if it's possible to do better. In particular: could this be more elegant? Is it possible to do it using common built-ins, instead of twurl and jq? Any suggestions or improvements would be very welcome!
White House Tells Travelers From New York to Isolate as City Cases Soar
No commentsWednesday, 25 March 2020
By Unknown Author from NYT New York https://ift.tt/2Ug1LwA
