On October 29, the U.S. Supreme Court will hear oral arguments in Kirtsaeng v. John Wiley & Sons, Inc.
, a conflict about “first-sale doctrine”
. The doctrine, which has been law in the U.S. since 1908, allows people to buy and then subsequently sell items (books, furniture, electronics, dvds, etc.) without needing additional permission from the copyright holder.
Supap Kirtsaeng came to the United States from Thailand to study mathematics and attempted to save money by having his family purchase textbooks in Thailand and ship them to him. After reading up on the first-sale doctrine, Kirtsaeng began to sell these textbooks to others on eBay. He made $37,000, before he was sued by John Wiley, a textbook publisher. A jury found his copyright infringement to be willful. He was ordered to pay $75,000 per work for a total penalty of $600,000. He appealed, and lost at the 2nd Circuit.
The Library Journal notes that if the Supreme Court rules against Kirtsaeng, it could mean the end of public libraries
. Marketwatch warns that it means the end of resale as we know it
. Hollywood Esq. does the most cogent job of putting this IP fight in perspective of other IP fights
before the Court.
posted by dejah420
on Oct 9, 2012 -
"A blue cloud of smoke wafted over the Famous Five statue that sits just east of the Senate doors. No one seemed to be going insane or looking like they were about to personally invade the United States. There were people of all colours in the crowd, but if any of them were members of The Ring, they hid it well. The peaceful demonstrators were, however, breaking the law, smoking a banned substance that could in theory have landed any one of them in prison." Emily Murphy’s legacy lives on in more ways than most care to remember.
posted by mannequito
on Oct 1, 2012 -
The DoJ drops all remaining investigation and prosecution of US War on Terror deaths/murders through harsh tactics/torture: "No Charges Filed on Harsh Tactics Used by the C.I.A." [NYT
] Glenn Greenwald reacts and describes the cases that just got dropped. [Guardian
] Second link is arguably a violence trigger, but is better and bothers to do things like talk to the ALCU.
posted by jaduncan
on Sep 2, 2012 -
Last year, The Brennan Center for Justice at NYU's Law School released a report
) detailing new, more restrictive state laws that affect voting rights and are likely to impact the outcome of the 2012 elections. The restrictions "fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities." On August 3rd, 2012, they updated their analysis
with a pdf
of passed and pending State government legislation. Their conclusion: after a century in which the United States "expanded the franchise and knocked down myriad barriers to full electoral participation... that momentum [has] abruptly shifted." [more inside]
posted by zarq
on Aug 17, 2012 -
"Garrett Reid, the oldest son of Philadelphia Eagles coach Andy Reid, was found dead Sunday morning in his room at training camp at Lehigh University."
Garrett's legal troubles
and struggle with addiction
were widely publicized over the years due to his high profile father. After leaving prison he fought hard to change this legacy and was employed as a trainer with the team at the time of his death.
"Garrett’s road through life was not always an easy one. He faced tremendous personal challenges with bravery and spirit. As a family, we stood by him and were inspired as he worked to overcome those challenges. Even though he lost the battle that has been ongoing for the last eight years, we will always remember him as a fighter who had a huge, loving heart."
posted by furiousxgeorge
on Aug 7, 2012 -
A line-by-line legal analysis of verse 2 of Jay-Z's 99 Problems
[PDF], published in the law review of St. Louis University, is a surprisingly enlightening take on Fourth Amendment rights during a traffic stop. Jay-Z is right in submitting to a show of authority and refusing to consent to a search, but he is wrong in assuming that a warrant is needed to search a locked trunk or glovebox. However, Jay-Z would probably be able to suppress evidence of the drugs in his car, even if they are found, because he had to wait while the K-9 comes. He's got 99 problems but a female sniffer dog isn't one. Hit me.
posted by blahblahblah
on Jul 11, 2012 -
In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law.
The product of a strict party line vote following a
of debate, disinformation
, and tense legislative wrangling, the Affordable Care Act
would (among other popular reforms
) require all Americans to buy insurance coverage by 2014, broadening the risk pool
for the benefit of those with pre-existing conditions.
The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives
(including presidential contender Mitt Romney
) is the central question facing the justices today
. If the conservative majority takes the dramatic step
of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured
, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state
But despite the pessimism of bettors
, some believe
the Court will demur, wary of damaging
its already-fragile reputation
with another partisan 5-4 decision
. But those who know don't talk, and those who talk don't know
. Watch the SCOTUSblog liveblog
for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
posted by Rhaomi
on Jun 28, 2012 -
Lawrence Lessig, erstwhile Free Culture advocate now given to fighting corruption on a larger scale, delivers a commencement address
. "There is no one in the criminal justice system who believes that system works well. There is no one in housing law who believes this is what law was meant to be. In contracts, you read about disputes involving tens, maybe a hundred dollars. The disputes of ordinary people. These disputes are not for the courts any more. Or if they are, they are for courts that are an embarrassment to the ideals of justice from our tradition. The law of real people doesn’t work, even if the law of corporations does."
posted by the mad poster!
on May 30, 2012 -
In 2002, Brian Banks
was a sought-after high school football phenom
until he was accused of kidnapping and raping a female student. On the advice of his lawyers, he pleaded no contest and served 6 years in prison. Then his accuser recanted
. That's when the Innocence Project stepped in
to help exonerate
Brian Banks. CA Innocence Project filing here; informative if you skip right to the "Statement of Facts" part.
posted by lalex
on May 25, 2012 -
George Wright, America's most elusive fugitive, ran for forty years. He ran from the cops after escaping from prison. He ran from the feds after the most brazen hijacking in history. He ran from the authorities on three continents, hiding out and blending in wherever he went. It was a historic run—and now that it's over, he might just pull off the greatest escape of all
posted by vidur
on May 3, 2012 -
In a new working paper provocatively entitled Law Deans in Jail
, Emory law professors Morgan Cloud
and George Shepherd
examine the widespread reports of lying by law schools and their administrators, and the publication of these fabrications by U.S. News, and explain how the reported conduct could constitute federal crimes, [specifically] mail and wire fraud, conspiracy, and racketeering.
Advisory: 77-page PDF; click on the link on the top-left to download the full paper. [Abstract
. [Via the always trenchant Margaret Soltan]
posted by Sonny Jim
on Mar 13, 2012 -
The United States Court of Appeals for the Eleventh Circuit ruled yesterday
[.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision
in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
posted by monju_bosatsu
on Feb 24, 2012 -
Are the X-Men Human?
The US government says yes, these people are no different from you or I, but Marvel claims their strange mutations and powerful augmentations move them beyond humanity into the realm of monsters, angels and devils. This Radiolab short explains why Marvel Toys argued in the US Court of International Trade that Wolverine, Professor X and Storm are inhuman. [more inside]
posted by justkevin
on Feb 20, 2012 -