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June 30, 2020


What does "Nearly" even mean in the context of the phrase "per se"...?

This sounds an awful lot like the reasoning of the Supreme Court itself (in other contexts, such as 'rule of reason' and 'no black and white takeaways').

On the flip side, on what basis does Justice Breyer have for his assertion of "tend to inhibit, rather than to promote, free competition in online commerce." Does he have ANY clue, whatsoever? Are ALL internet domain names now 'freely interchangeable' such that 'free competition' is somehow, in some magic way, NOT inhibited and instead promoted?

How out of touch must the Court be before people get really upset with their brand of scrivining?

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