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Feed aggregator
Federal prosecutors Wednesday unveiled the most serious criminal charges yet in the West Virginia explosion that killed 29 workers. The new charges involve officials at former mine owner Massey Energy who were directly responsible for managing Upper Big Branch. » E-Mail This » Add to Del.icio.us
The U.S. Supreme Court hears arguments Wednesday in a case about lies, big and small, and when those lies can be a crime under the First Amendment guarantee of free speech. At issue is the constitutionality of a law making it a crime to lie about being the recipient of military medals. » E-Mail This » Add to Del.icio.us
By agreeing to hear a case on admissions at the University of Texas, the newly energized conservative majority on the high court signaled it may be willing to severely cut back on the use of racial preferences. » E-Mail This » Add to Del.icio.us
Virginia state legislators passed a bill requiring women to receive an ultrasound — which is conducted via transvaginal probe in the first 12 weeks of pregnancy — before having an abortion. Dahlia Lithwick, senior editor for Slate magazine, calls the proposed law "an abomination." » E-Mail This » Add to Del.icio.us
One of the central themes in Oracle's copyright claims is that Google copied Oracle's (Sun's) design specifications for application interfaces (APIs) for Java Mobile Edition. Specifically, Oracle proposes the following question to be answered by the jury with respect to its copyright infringement claims:
Has Oracle proven by a preponderance of the evidence (i.e., "more likely than not")
that Google infringed Oracle's copyrights in the Java software platform by
(1) copying elements of the 37 Java API design specifications into Android software
or documentation, (2) creating derivative works within Android based on the 37 Java
API design specifications, and/or (3) copying elements of the 12 Java software code
files into Android?
- Document 531, Appendix A [PDF; Text]
The thing that has always bothered me about this claim and which has always bothered me about Sun's (now Oracle's) licensing practices around Java specifications is whether they have overreached. That is, is Oracle extending the reach of its copyrights beyond the specification in a manner that would constitute copyright misuse.
Borrowers claim Quicken charged them "something for nothing" when it included a loan discount fee, even though the borrowers did not receive a lower interest fee. At issue is whether that charge violates a a 1974 federal law aimed at preventing abusive practices in real estate closings. » E-Mail This » Add to Del.icio.us
Last Friday Google filed a motion to substantially strike both the third damages report submitted by Dr. Cockburn on behalf of Oracle and the conjoint analysis report submitted by Dr. Shugan on behalf of Oracle. ( 718 [PDF; Text]) If successful, this motion will virtually preclude the Oracle damages experts from testifying at trial. PJ did a fine job covering the flaws in these reports identified by Google. Now we consider the likelihood of success of the motion.
First, we need to recall that Judge Alsup put Oracle on a very short leash in allowing it an almost unprecedented third try to file an appropriate damages report:
Conservative Arizona sheriff Paul Babeu resigned over the weekend as chair of Mitt Romney's Arizona campaign. After announcing his run for Congress, the Phoenix New Times reported that he's gay and had previously threatened a Mexican boyfriend with deportation. » E-Mail This » Add to Del.icio.us
The U.S. Supreme Court on Wednesday will review the case of Xavier Alvarez — one of the first people to be convicted under the Stolen Valor Act. In a The Washington Post op-ed, George Washington University law professor Jonathan Turley, argues that stolen valor should not be criminalized. » E-Mail This » Add to Del.icio.us
Oracle has told the court it wishes to withdraw its last claim of the '476 patent, claim 14, no doubt having read Google's letter to the judge asking for permission to file a motion for summary judgment of invalidity of claim 14. This is the last claim of that patent still in the case. The USPTO in December issued a final rejection of 17 of the 21 claims of this '476 patent, anyway, including all seven of the patent's independent claims, and while Oracle has until February 20 to appeal, the handwriting is on the wall. Whatever it decides about an appeal, claim 14, and hence patent '476, is no longer in this litigation. The value of this case to Oracle keeps getting smaller and smaller.
Monsignor William Lynn of Philadelphia is the first cleric to be criminally charged with covering up child sex abuse by a priest. Jury selection begins Feb. 21 in a case that will set enormous precedent for future sex abuse litigation. » E-Mail This » Add to Del.icio.us
A group of Japanese whalers has failed to win an injunction against U.S. anti-whaling activists, as a federal judge refused their request for protections from boats owned by the Sea Shepherd Conservation Society. The ruling was made in Seattle, where the whalers, known as the Institute for Cetacean Research, had filed suit. » E-Mail This » Add to Del.icio.us
The 42-33 Assembly vote sends the bill to Gov. Chris Christie's desk. The Republican governor who opposes gay marriage had promised "very swift action" if the bill passed both houses of the Legislature. The Senate approved the bill Monday. » E-Mail This » Add to Del.icio.us
SCO and IBM have reached a stipulation [PDF] on how to go forward on reactivating the Utah litigation, and SCO has filed it in Bankruptcy Court in Delaware. Assuming it's signed by the judge, the Hon. Kevin Gross, in time for the
April 23rd hearing now scheduled in Utah District Court in Salt Lake City before the Hon. Dee Benson on SCO's laughable
motion to let only *it* go ahead and IBM not, I'd say it's game on. They've agreed IBM can proceed with its defenses and counterclaims. It was IBM that suggested in its opposition to SCO's motion that the best way forward was to ask the Bankruptcy Court to lift the stay on *both* parties, which is what the stipulation agrees to. Update: The judge in Bankruptcy Court in Delaware has already signed the order approving the stipulation.
The first phase of the trial for the 2010 Deepwater Horizon accident and oil spill in the Gulf of Mexico is scheduled to begin on Feb. 27. Billions of dollars are at stake for BP, the other companies involved, and the states, companies and individuals harmed by the disaster. Negotiations between all parties are continuing and some observers believe the case could be settled before opening arguments even begin. » E-Mail This » Add to Del.icio.us
The New Jersey State Assembly followed the lead of the state Senate and voted to legalize same-sex marriage in the state on Thursday. Governor Chris Christie has vowed to veto the measure and put it up for referendum in November. » E-Mail This » Add to Del.icio.us
The first phase of a wide-ranging trial for the 2010 Deepwater Horizon accident and oil spill in the Gulf of Mexico is scheduled to begin on Feb. 27. Billions of dollars are at stake for BP, the other companies involved, and the states, companies and individuals harmed by the disaster. Negotiations between all parties are continuing and some observers believe the case could be settled before opening arguments even begin. » E-Mail This » Add to Del.icio.us
The New Jersey State Assembly is expected to follow the lead of the state Senate and vote to legalize same-sex marriage in the state on Thursday. Governor Chris Christie has vowed to veto the measure and put it up for referendum in November. » E-Mail This » Add to Del.icio.us
Amanda Knox, the U.S. college exchange student who won an appeal to overturn her murder conviction in Italy last October, has signed a deal to write a memoir — for which she'll earn nearly $4 million, according to reports. » E-Mail This » Add to Del.icio.us
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