Change can be discombobulating
Apr. 8th, 2017 09:31 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
shadowkatIt's a beautiful but cool day here in NYC, and the sun after days upon days of cloudy, gray, rainy weather, has come out along with a pristine blue sky that looks a bit like a robin's egg. Perfect day to go shopping for a new computer in the city. But, I'm still procrastinating. Mainly because I despise buying computers, and don't want to do it. I may wait until next Friday, which we have off as a union relegated holiday (Irish/Italian Catholic Union -- It's Good Friday). I've been talked into getting a Mac Book Air by my brother and passing on the expensive MacBook Pro upgrade. I currently have a fifteen inch Mac Book Pro, the Mac Book Air is 13 inches.
I don't want to change. I'm tired of change.
So far this year:
* changed offices - from Mid-Town Manhattan to Jamaica, Queens
* complete change in the federal government. Basically we went from the bubbly Obama Administration that promoted equality, compassion and a love for the arts to the evil 45th who seems to just want to destroy the world and hand it over to dumb white trash folks who whine about not having money in the process.
* church has changed from pastoral to program oriented, which is fine if you like the programs and I'm sort of on the fence and having troubles finding any that appeal
* had to move journals - from LJ to DW completely
Granted most of these changes, actually all of them, were in the works for quite some time now. I admit it, I was living in denial, hoping they wouldn't happen. Silly me. And I know there are more changes on the way, some good, I'm getting a raise and possibly a transportation pass that permits me to go anywhere in the city free of charge. Some not so good.
Ugh. Watershed Years can be very discombobulating.
So, procrastinating on the new computer, and on buying a new arm chair. I don't like spending money on things, clearly. Services and trips, yes. Things, no.
On the whole LJ move, I found a way to visit LJ without logging in or having a journal, read a few people who thought we were nuts for leaving and over-reacting. Basically the same ill-informed response as the Russian co-worker. One guy made the point that LJ has always been under foreign ownership. I don't know if that's true.[ ETA - apparently it is in part. Although...Six Apart is a bit like Sony, it's Japanese/American enterprise, with headquarters in Japan, but also companies founded in the US. So for products developed and based in the US, US law governs.] But regardless, it didn't matter until they moved the servers to another country. If you are French, and own a company that resides in and is incorporated in the US (probably Delaware, because that state has lower tax obligations and restrictions apparently - everyone is incorporated in Delaware), it really doesn't matter all that much that you are French, your company falls under US jurisdiction and is subject to US laws. Where you personally reside or which country you are a citizen of is inconsequential in regards to your company, which is considered to be a separate entity from yourself and can be governed by separate laws. (Sounds illogical doesn't it?)
Same with internet services. It doesn't matter if you are Russian, if the servers reside in the US, your service is subject to US law. And so is the TOS or user agreement. And US constitutional law trumps contract and commercial law. US Federal Constitutional Law trumps State Constitutional Law -- how do you think we got the same-sex marriage law passed in every state? Anti-same-sex marriage laws were deemed to be in violation of the US Constitution. It did not matter if they weren't in violation of Utah's constitution. Conflict of Laws fascinated me in law school, so much so that it is one of the few things I was good at and remember.
It's the same with procedures...if you have a federally funded and state funded contract, the federal law governs not the state. (A bit of a headache that one.) Except if the federal law violates the US Constitution, than the US Constitution governs. That's actually the role of the Supreme Court of the United States to determine if a law, statute, court ruling violates the US Constitution and should be overturned. And US Courts determine if a contract, user agreement, etc is in violation of common law, state law, statutory law, etc.
When you have a disagreement between two entities in separate states, you determine where the dispute arose, and what it was over -- if the dispute arose in say Alabama but it was over something that resides in NY, NY Law Governs. Same with foreign disputes. If the dispute arose in say California, but the subject of the dispute resides in Russia, Russian law governs. That's why I imported my journal to DW when they moved their servers to Russia, it's also why I was mainly cross-posting. It's also why when I read a user agreement stating my journal was now solely governed by Russian Law, I deleted and left.
From what I've read online and discussions with my co-worker, I think a lot of people don't understand those distinctions. No reason why you would -- I didn't understand it until I went to law school. Sometimes it seems illogical. Why would I be subject to another country's laws if I am typing a post from my home in NY. Or wouldn't I have been subject if the owner is from another country, doesn't it matter if the owner if not a US citizen? Wouldn't that govern? No. Doesn't matter where the owner of the product is from or resides, it matters where the product, service, company resides and is incorporated. The owner could reside in an island in the Carribbean, but if the data from his social media service resides in California, it's subject to US and California Law.
I don't want to change. I'm tired of change.
So far this year:
* changed offices - from Mid-Town Manhattan to Jamaica, Queens
* complete change in the federal government. Basically we went from the bubbly Obama Administration that promoted equality, compassion and a love for the arts to the evil 45th who seems to just want to destroy the world and hand it over to dumb white trash folks who whine about not having money in the process.
* church has changed from pastoral to program oriented, which is fine if you like the programs and I'm sort of on the fence and having troubles finding any that appeal
* had to move journals - from LJ to DW completely
Granted most of these changes, actually all of them, were in the works for quite some time now. I admit it, I was living in denial, hoping they wouldn't happen. Silly me. And I know there are more changes on the way, some good, I'm getting a raise and possibly a transportation pass that permits me to go anywhere in the city free of charge. Some not so good.
Ugh. Watershed Years can be very discombobulating.
So, procrastinating on the new computer, and on buying a new arm chair. I don't like spending money on things, clearly. Services and trips, yes. Things, no.
On the whole LJ move, I found a way to visit LJ without logging in or having a journal, read a few people who thought we were nuts for leaving and over-reacting. Basically the same ill-informed response as the Russian co-worker. One guy made the point that LJ has always been under foreign ownership. I don't know if that's true.[ ETA - apparently it is in part. Although...Six Apart is a bit like Sony, it's Japanese/American enterprise, with headquarters in Japan, but also companies founded in the US. So for products developed and based in the US, US law governs.] But regardless, it didn't matter until they moved the servers to another country. If you are French, and own a company that resides in and is incorporated in the US (probably Delaware, because that state has lower tax obligations and restrictions apparently - everyone is incorporated in Delaware), it really doesn't matter all that much that you are French, your company falls under US jurisdiction and is subject to US laws. Where you personally reside or which country you are a citizen of is inconsequential in regards to your company, which is considered to be a separate entity from yourself and can be governed by separate laws. (Sounds illogical doesn't it?)
Same with internet services. It doesn't matter if you are Russian, if the servers reside in the US, your service is subject to US law. And so is the TOS or user agreement. And US constitutional law trumps contract and commercial law. US Federal Constitutional Law trumps State Constitutional Law -- how do you think we got the same-sex marriage law passed in every state? Anti-same-sex marriage laws were deemed to be in violation of the US Constitution. It did not matter if they weren't in violation of Utah's constitution. Conflict of Laws fascinated me in law school, so much so that it is one of the few things I was good at and remember.
It's the same with procedures...if you have a federally funded and state funded contract, the federal law governs not the state. (A bit of a headache that one.) Except if the federal law violates the US Constitution, than the US Constitution governs. That's actually the role of the Supreme Court of the United States to determine if a law, statute, court ruling violates the US Constitution and should be overturned. And US Courts determine if a contract, user agreement, etc is in violation of common law, state law, statutory law, etc.
When you have a disagreement between two entities in separate states, you determine where the dispute arose, and what it was over -- if the dispute arose in say Alabama but it was over something that resides in NY, NY Law Governs. Same with foreign disputes. If the dispute arose in say California, but the subject of the dispute resides in Russia, Russian law governs. That's why I imported my journal to DW when they moved their servers to Russia, it's also why I was mainly cross-posting. It's also why when I read a user agreement stating my journal was now solely governed by Russian Law, I deleted and left.
From what I've read online and discussions with my co-worker, I think a lot of people don't understand those distinctions. No reason why you would -- I didn't understand it until I went to law school. Sometimes it seems illogical. Why would I be subject to another country's laws if I am typing a post from my home in NY. Or wouldn't I have been subject if the owner is from another country, doesn't it matter if the owner if not a US citizen? Wouldn't that govern? No. Doesn't matter where the owner of the product is from or resides, it matters where the product, service, company resides and is incorporated. The owner could reside in an island in the Carribbean, but if the data from his social media service resides in California, it's subject to US and California Law.
no subject
Date: 2017-04-09 08:09 pm (UTC)no subject
Date: 2017-04-09 09:36 pm (UTC)For example? Janie Chen owns a social media site. She bought it from a US company. Her company is incorporated in China. But it was cheaper to keep the servers and data for the site in California. Janie is a citizen of China, but lives in the US.
Which laws govern?
The US laws govern. Janie's social media site is governed by California Law, any dispute regarding her site or copyright law is governed by US law.
Say, Janie lives in China?
Same deal -- US law governs.
Say Janie has dual citzenship?
US law.
Say Janie moves the servers and data to China, but stays in the US to run the company?
Chinese law governs -- the data and servers are in China. The location of the data determines the jurisdiction not the citzenship or nationality of the owners.
In short, no one cared what the nationality of the owners was, what everyone cared about was where the data or service resided. Russia insisted that they move the servers and data to Russia, because then Russia would control it. They couldn't before -- legally, because US law trumped Russian law, now Russian law trumps US.
no subject
Date: 2017-04-09 09:38 pm (UTC)no subject
Date: 2017-04-09 09:43 pm (UTC)My annoyance with the guy's point -- is it doesn't matter what the citizenship of the owner's is or where their company's are located, but where the data was housed.
no subject
Date: 2017-04-09 09:41 pm (UTC)I googled Brian Fitzpatrick and he's a US Citizen. Unless I googled the wrong one???
Six Apart is a company that had it's headquarters in Japan, but Live Journal was developed, created and had it's servers in the US. The company that created LJ was headquartered in the US. So..it's a bit like Sony.
Big difference with the Russian owner it sold LJ too.
no subject
Date: 2017-04-09 10:08 pm (UTC)no subject
Date: 2017-04-09 10:49 pm (UTC)DW is the better company all around -- 75% female, was started by a male and female, open policy, inclusiveness, and freedom of speech pushed. They have opposite mission statement of LJ. Apparently they'd developed LJ with Brad, stayed on under Six Apart, left when SUP bought it.