I thought this was settled, but you're stirring the pot again. So no, you're the one who needs to stop:
Note: When I quoted the post and it saved into my quote thing, it was before parts of your stuff was edited. It doesn’t look too different to me, so I’ll keep my quotes I have from the old post, but I wanted to specifically say this to be fair and so it doesn’t look like I’m trying to misrepresent what you wrote.
WHAT was settled? Nothing was “settled.” There is nothing to settle.
You assumed that after your post, because you believe your opinion to be right, that disproved his or her point.
1) Facts matter and I NEVER, NOT ONCE, argued that the term poaching wasn't pejorative. As you are perfectly capable of seeing from my posts, that was never my argument.
The guy or girl was claiming that poaching is an intentionally charged term.
He or she wrote, and I’m quoting only ONE of their posts for brevity and conciseness, “
Poaching is scary and charged term. That’s why it’s being used. Nothing more. You can’t poach an employee. Period. Full stop.”
To which you replied, which I’ve edited for brevity and conciseness again, “
Yet another dishonest argument. First you deliberately redefine employment poaching in a way that no one but you uses. … The only one engaging in the practice of using sensationalism to drive a narrative (like equating the term "poaching" to human trafficking: "kidnapping Masimo employees or stealing their property, and making them their own")—is you.”
Poaching is a term referred to illegal behavior towards animals. It’s a deliberately sensational term used by blogs to imply something. I’ve always disagreed with it. It irritated me from the moment I first ever saw it being used in a blog article.
I voiced my opinion that I agree with him or her on this. I disagreed that you called them a troll for having an opinion.
So please stop misrepresenting that as though it was. You appear to be engaging in a classically unfair argumentative technique known as a straw man:
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Source:
https://languages.oup.com/google-dictionary-en/
I am fully aware of base fallacies. Thanks for giving me a definition.
Instead, these are the arguments I made about "poaching" (and they weren't directed against you):
I am aware they weren’t and that you weren’t coming after me with this poaching conversation. I appreciate you saying that nonetheless. I just want to say I know and I was not under the impression.
I only took the troll accusation personally because someone said the same shit to me recently.
(A) It makes no sense to insist the term doesn't exist, when it does.I even cited two articles from the Harvard Business Review that used it
I said in my reply to your comment, “
yes poaching has been used to describe employers hiring one another’s employees before, but he or she is right in describing it as a pejorative.”
(B) It's absurd and sensationalistic to say the term actually means "kidnapping Masimo employees or stealing their property, and making them their own", since that's essentially a description of human trafficking.
This is what I’m referring to. He or she was describing why it’s a shit term to use, though it’s associated with the forbidden taking/killing of animals from the wild, technically. Blogs that haphazardly use it to describe an employee just merely hiring another employee with better pay/benefits are ridiculous. It’s not sensationalistic to use a definition to explain why he or she believes that term shouldn’t be used to describe a behavior that ISN’T that.
I can see that, for some, this is a charged term.
It’s a charged term period. The actual use of the word is defined by Oxford Dictionaries as “To catch and carry off (game or fish) illegally; to capture by illicit or ‘underhand’ methods such as a poacher uses.” I refuse to acknowledge their existence generally, but for the sake of an example, recently with Donald Trump Jr., this term describes, as reported by
ProPublica, “Donald Trump Jr. Went to Mongolia, Got Special Treatment From the Government and Killed an Endangered Sheep.”
But just because someone finds it charged doesn't mean they can assert it doesn't exist.
Again, in my reply I said to you: “
yes poaching has been used to describe employers hiring one another’s employees before, but he or she is right in describing it as a pejorative.”
And just because someone finds it charged doesn't mean they can equate it to human trafficking.
Again, as I stated in this reply:
“He or she was describing why it’s a shit term to use, it’s associated with the forbidden taking/killing of animals from the wild, technically. Blogs that haphazardly use it to describe an employee just merely hiring another employee with better pay/benefits are ridiculous. It’s not sensationalistic to use a definition to explain why he or she believes that term shouldn’t be used to describe a behavior that ISN’T that.”
2) Not only are you misrepresenting my argument, but with your statement "Stop accusing people of coming here to troll", you're misrepresenting me, as if this is some sort of ongoing behavior in which I engage here. Facts matter, and I have 547 posts on this site, including numerous posts in which I've expressed a different view, and that is the ONLY ONE in which I've accused someone of trolling. That should tell you something. The reason I accused the one poster of trolling isn't because he disagreed with me.
Yeah, one thing you are right in this is that I should have instead said, “don’t accuse them of coming here to troll.” And then proceeded with the rest of my argument. That was not my intention, and I did not word it properly.
It’s because he made such an outrageous argument in response to my post (see "B", above), which is what trolls do.
He or she isn’t a troll. I’ve described why in this reply.
3) As I said from the beginning, I don't have a dog in this fight. I took pains to say, in my first post, that I don't know who is right or wrong when it comes to this dispute.
The courts have, thus far, invalidated 15 out of 17 patents Masimo used to ban the sale of certain Apple Watch models. 6 out of 7 jurors sided with Apple. Those are the facts. I linked an Anandtech article that does a more detailed job of explaining stuff than me.
But you clearly do have an axe to grind. Quoting the first sentence of your first post: "Utterly disgusting behavior from that Masimo." Isn't it hypocritical to complain about pejorative terms, when you feel free to use a phrase like that? You know, glass houses and all?
It is disgusting behavior from Masimo.
Their patents are broad and invalid, and despite not even being in the same market as Apple Watch and other companies/products similar, they go after companies with their patents with the intention of extorting money for licensing, otherwise they threaten them with lawsuits.
Also it should be noted that Masimo buys a bunch of companies irrelevant to being a “pure medical company” as I’ve seen some people try to argue. Example: they bought out major audio companies like Bowers & Wilkins, Denon, Marantz, Polk Audio, Definitive Technology, Classé, HEOS, and Boston Acoustics and own all of their technologies and patents.
There is a reason Masimo’s CEO was not exactly happy about the sales ban. Not only has Masimo’s supposed IP practically vanished into thin air upon review, now they will be responsible for any missed sales of Apple Watch during a sales ban upon appeal and reversal. This was not the outcome Masimo actually wanted. They tried to extort Apple for licensing on invalid patents, and Apple called their bluff, because Apple knew Masimo did not have jack shit.
Believe what one wants about Apple, but they aren’t dumb. They are capable of knowing when something has worth and when something doesn’t, and they absolutely license or straight-up buy out fair technology that they don’t come up with themselves and need for their vision.
Yeah, of course I take this bullshit personally; because I am not only an Apple fan, but a human being. Everyone can take it personally.
The product in the sales ban is not iPad or Mac or iPhone or AirPods, it is Apple Watch.
Apple Watch has saved numerous people’s lives of all ages. It is a health and wellness device that can help you detect and prevent bad health events from occurring by early notification of bodily function aberrations. Combine these advanced health sensors with advanced connectivity and motion sensors, it is the Apple product designed specifically with the intention of truly changing someone’s life: saving their life.
It’s one thing for a patent dispute and if those patents were valid and if Apple actually infringed upon that technology, and even if all of that were the case, I’d argue a sales ban is inappropriate and the ITC can arrange other payment upon request by Masimo. But that’s not what this is and what happened
Masimo is not even in the same consumer space as Apple and others. But further than that, not only are the Masimo patents in question not even valid, they are from a company that goes after numerous companies, including startups, with the intention of using these overly broad patents to extort money, even if it’s not in the same industry space. And all of this towards products that are designed to and have saved numerous people’s lives.
All of this in the context of a fucking pandemic of an airborne vascular degenerative disease that continues to ravage the planet. It’s disgusting to me.
Filing overly broad stuff they know isn’t legit, using it to extort money from companies small and large, alongside buying out companies completely irrelevant to their being “medical company,” and going on a bullshit PR tour not explaining any of this and directly lying to people, is not the mark of a team who gives a shit about people’s health. Masimo gives a shit about its profits, not helping and saving people’s lives.
So yes, I do take it personally. And everyone can and I believe should upon learning more about the situation. It’s not fair to Apple, but beyond that and way more importantly, it will literally cause net harm to many people’s lives by preventing access to a product like this. I constantly read articles about how Apple Watch has saved someone’s life, of any and all ages. Even if all the cards were in their favor, Masimo is being a piece of shit — that the cards aren’t in Masimo’s favor, it makes their bullshit even more heinous.
I hope that explains more and makes it understandable about why I said what I said about Masimo in the beginning.
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