News for hackers. Stuff that matters.
Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Tuesday September 19, 2023 @06:30PM (#37577882)
Brand could argue he was discriminated as a man, in the sense that he was assumed as guilty of rape because he's a man.
Re:YouTube stops letting Russell Brand earn money on the pla... by curiousllama on Tuesday September 19, 2023 @06:44PM (#37578078)
He could argue he was discriminated against because he's actually secretly a butterfly; both arguments would hold similar weight.
Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Tuesday September 19, 2023 @06:49PM (#37578121)
That's sadly dismissive of an actual problem. In matters of sex crimes, men are effectively assumed guilty until proven otherwise, and even if they're eventually found innocent they get their lives destroyed. The bar is much, much higher for female rape to be considered realistic.
Re:YouTube stops letting Russell Brand earn money on the pla... by curiousllama on Tuesday September 19, 2023 @06:56PM (#37578210)
You are correct that is a problem; it's also rather clearly not the case here.

I'd encourage you to learn the details. It is equally evil to wrongly dismiss a true accusation as it is to wrongly believe a false one.

https://www.vox.com/culture/2023/9/18/23878706/russell-brand...

Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Tuesday September 19, 2023 @06:59PM (#37578232)
The accusations might be true but it doesn't really matter until it is found as such in a court of law. Trial by media is an aberration, the modern equivalent of medieval shaming practices.
Re:YouTube stops letting Russell Brand earn money on the pla... by muglug on Tuesday September 19, 2023 @07:51PM (#37578699)
It very clearly does matter.

OJ Simpson was not found guilty of murder in a criminal setting, yet he was still a pariah.

It took years from the first public accusation for Harvey Weinstein’s case to come to trial. Was it wrong for his production company to fire him before a judge had rendered judgement?

Re:YouTube stops letting Russell Brand earn money on the pla... by dijit on Wednesday September 20, 2023 @12:14AM (#37580316)
Thats a really frustrating example because there is a lot of evidence, and over literal years- yet nobody came forward which allowed him to be a predator for decades.

How can the law help if nobody is coming forward? I do not understand.

Your argument about guilty until proven innocent still doesn't stand though.

Johnny Depp was the quintessential counter-example of this, dropped by everyone and smeared publicly by the media; until his PR team with the help of the law cleared it up (a little too well in my opinion).

Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Wednesday September 20, 2023 @02:19AM (#37580961)
> Was it wrong for his production company to fire him before a judge had rendered judgement?

Yes. One's support for universal rights is really tested when the accused is clearly Not A Nice Person.

Imagine of being accused of rape, even though you're totally innocent, and your employer (or your customers) suddenly dropping you. Would that be fair?

Re:YouTube stops letting Russell Brand earn money on the pla... by muglug on Wednesday September 20, 2023 @08:04AM (#37583143)
No, it wouldn't be fair. But I'm not going to get angry at something that rarely happens.

Instead I'm thinking of about all the women who'd have had to work alongside Harvey Weinstein in your hypothetical, while knowing he had abused people they themselves knew.

To make this personal: I discovered CSAM on my boss's laptop. I reported it to my employer and he was fired before he was found guilty. My boss worked with children almost every day. I don't want to imagine a world in which he would have been allowed to hang onto that job.

Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Wednesday September 20, 2023 @10:25AM (#37584557)
That's a safeguarding measure that is very specific to certain jobs. Does streaming a YT video put any woman at risk of harassment? Obviously not. Can a film producer be kept away from potential victims, with a bit of effort from the employer? Probably yes.

Working yourself up in a rage is not what one should do when discussing law. Before you know it, you'll be doing things that history will probably condemn you for later on.

Re:YouTube stops letting Russell Brand earn money on the pla... by muglug on Wednesday September 20, 2023 @11:30AM (#37585463)
> That's a safeguarding measure that is very specific to certain jobs.

Safeguarding from what exactly? If they're innocent until proven guilty, there shouldn't be any safeguarding necessary. By your earlier argument, saying "you can't work with kids anymore" is rushing to judgement.

Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Thursday September 21, 2023 @04:16AM (#37594685)
Life is not one and zeroes. Safeguards are just insurance policies, taken out in specific circumstances to insulate from potential risk which might well never materialize. Just because a driver is insured doesn't mean he's ever crashed or going to crash.
Re:YouTube stops letting Russell Brand earn money on the pla... by tbrownaw on Tuesday September 19, 2023 @08:53PM (#37579137)
It's an aberration because it's equivalent to long-standing practice?
Re:YouTube stops letting Russell Brand earn money on the pla... by toyg on Wednesday September 20, 2023 @02:13AM (#37580931)
Stoning is also a long-standing practice, is that not an aberration in terms of human rights law?
Re:YouTube stops letting Russell Brand earn money on the pla... by tbrownaw on Wednesday September 20, 2023 @01:12PM (#37586823)
"a departure from what is normal, usual, or expected, typically one that is unwelcome."

Sure it's unwelcome, but qualifying to be an aberration requires a bit more than just that.

Re:YouTube stops letting Russell Brand earn money on the pla... by suckitsam on Wednesday September 20, 2023 @09:38AM (#37583958)
What can a court tell us that a bunch of likes and shares of a Vox piece can't?
Re:YouTube stops letting Russell Brand earn money on the pla... by judge2020 on Tuesday September 19, 2023 @07:37PM (#37578572)
The letter of the law allows anyone to be guilty of rape, in the U.S. at least (as opposed to the UK).
Re:YouTube stops letting Russell Brand earn money on the pla... by dragonwriter on Tuesday September 19, 2023 @07:49PM (#37578685)
> The letter of the law allows anyone to be guilty of rape, in the U.S. at least

That actually varies based on jurisdiction, some states have separate laws with different offense names (often with similar conditions and punishments) for different kinds of sexual assaults, and still have “rape” being specific in the same way that it is in Britain, in some states and the federal system, “rape” is not a specific offense named in statute but is sometimes used as an informal name for some offenses. (E.g., in the federal system, the title of the relevant section including, but not limited to, the common law definition of “rape” is “sexual abuse” [0], and the word “rape” does not appear anywhere in it.)

[0] https://www.law.cornell.edu/uscode/text/18/2242

Re:YouTube stops letting Russell Brand earn money on the pla... by tstrimple on Wednesday September 20, 2023 @01:14AM (#37580591)
As an example, Trump was found civilly liable for Sexual Assault but could not be found liable for Rape because the jury found he only penetrated the victim with his fingers and not his penis.
Re:YouTube stops letting Russell Brand earn money on the pla... by dragonwriter on Tuesday September 19, 2023 @07:52PM (#37578710)
> Brand could argue he was discriminated as a man, in the sense that he was assumed as guilty of rape because he’s a man.

Anyone can argue anything, but Brand might have an uphill slog convincing a trier of fact that YouTube dumped him for being a man.

Re:YouTube stops letting Russell Brand earn money on the pla... by hinkley on Wednesday September 20, 2023 @09:25AM (#37583824)
Well, specifically in this case, that he’s a promiscuous man. That part is public knowledge already.