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I've written before about the factory farm fakers opposing California's Proposition 2, and their sordid record of duping the public, harming animals, polluting the environment, and exploiting workers.
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But, Judge Patel said, given that Napster is now offline, the company appears to no longer be causing public harm.
She said his mistakes were "deliberate, inappropriate and repeated" and "had the potential for public harm", although there was no evidence any actual harm took place.
Still, some said they were relieved that the state — and not outside experts, as environmental groups had wanted — will assess the potential for public harm.
"What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain".
"To permit corporations to conceal the nefarious acts of their underlings by using the shield of corporate armor to deflect corporate responsibility," the court ruled, would permit them "to inflict widespread public harm without hope of redress".
But what is to count as a public harm, or public wrong?
Causes some kind of public harm, such as leaving people in fear and distress.
We found the potential risk of public harm to be of unusually high magnitude.
For more on private versus public harms see, for example, Bator (1958), Head (1962), and Baumol and Oates (1988).
"The ITC order is particularly troubling because it allows a private patent dispute to inflict unprecedented public harm upon innocent third parties.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com