law

‘This final aim is God’s purpose with the world; but God is the absolutely perfect Being, and can, therefore, will nothing but himself.’ –Hegel

2310.jpg

You may recall last summer that Apple, Microsoft, EMC, RIM, Ericsson and Sony all teamed up to buy Nortel’s patents for $4.5 billion. They beat out a team of Google and Intel who bid a bit less. While there was some antitrust scrutiny over the deal, it was dropped and the purchase went through. Apparently, the new owners picked off a bunch of patents to transfer to themselves… and then all (minus EMC, who, one hopes, was horrified by the plans) decided to support a massive new patent troll armed with the remaining 4,000 patents. The company is called Rockstar Consortium, and it’s run by the folks who used to run Nortel’s patent licensing program anyway — but now employs people whose job it is to just find other companies to threaten.

{ TechDirt | Continue reading }

I think fast, I talk fast, and I need you guys to act fast

2341.jpg

Microsoft tops the list of companies making the most requests to Google to takedown copyrighted material.

Google’s Transparency Report previously tracked the number of requests from governments and released data on copyright requests to the Chilling Effects website. Now, it has decided to start publishing more details after a jump in the number of copyright-related notices, largely under the US DMCA, which requires Google to stop linking to sites if it receives a complaint.

“These days it’s not unusual for us to receive more than 250,000 requests each week, which is more than what copyright owners asked us to remove in all of 2009.”

{ PC Pro | Continue reading }

painting { Franz Kline, Suspended, 1953 }

Not peace at any price, but war

321.jpg

At least four law suits have been filed as of Wednesday, including one suit by a Maryland investor alleging that Nasdaq OMX Group “badly mishandled” the IPO such that trades were delayed and orders couldn’t be canceled. […]

For example, according to his complaint, Goldberg himself tried to make a series of limit buy orders via an online account. When the trades failed to execute, he tried to cancel them. His cancellation orders were reflected as pending for much of the day, and one trade, to purchase Facebook shares at $41.23, was executed three hours after the order was made, when the stock’s price had dropped to around $38. […]

Meanwhile, three other suits have been lodged against Facebook and numerous financial service firms who underwrote or otherwise took part in the IPO.

For example, Lieff Cabraser Heimann & Bernstein, announced that it had filed a class action lawsuit on behalf of all persons and entities who purchased the securities of Facebook, Inc. in connection with its $16 billion initial public offering of common stock on May 18, 2012 (the “IPO”).

The action was brought against Facebook, some of its officers and directors, and the underwriters of the IPO for violations of the federal securities laws.

Meanwhile, Los Angeles law-firm Glancy Binkow & Goldberg LLP, filed its own class action lawsuit on behalf of investors. The complaint, captioned Lazar v. Facebook, Inc., et al., was filed today in the Superior Court for the State of California, County of San Mateo, on behalf of a class consisting of all persons or entities who purchased the securities of Facebook.. It alleges, among others, that the offering materials provided to potential investors were negligently prepared and failed to disclose material information about Facebook’s business, operations and prospects, in violation of federal securities laws.

{ Securities Technology Monitor | Continue reading }

Fri May 18, 2012 11:44am EDT

“A 15 to 20 percent pop is in the realm of possibility,” said Tim Loughran, a finance professor at the University of Notre Dame, before the start of trade. […]

Some expect shares could rise 30 percent or more on Friday, despite ongoing concerns about Facebook’s long-term money-making potential. An average of Morningstar analyst estimates put the closing price for Facebook shares on Friday at $50.

{ Reuters | Continue reading }

related { Morgan Stanley told brokers on Wednesday it is reviewing every Facebook Inc trade and will make price adjustments for retail customers who paid too much }

photo { Joel Barhamand }

Because in middle youth he had often sat observing through a rondel of bossed glass of a multicolored pane the spectacle offered with continual changes of the thoroughfare without, pedestrians, quadrupeds, velocipedes, vehicles, passing slowly, quickly, evenly, round and round and round the rim of a round precipitous globe.

3231.jpg

Divorce lawyers and wedding planners have been gearing up for the Facebook IPO, waiting for the influx of wealth in Silicon Valley to stir up drama in romantic relationships, for better and for worse.

“When Google went public, there was a wave of divorces. When Cisco went public there was a wave of divorces,” says Steve Cone, a divorce attorney based in Palo Alto, near the social network’s Menlo Park headquarters. “I expect a similar wave shortly after Facebook goes public.”

{ FT | Continue reading }

photo { Vivian Maier }

‘Fuck your library.’ –Malcolm Harris

22.jpg

This system is enriching patent trolls—companies that buy patents in order to extort money from innovators. These trolls are like a modern day mafia. […]

The larger players can afford to buy patents to deter the trolls, but the smaller players—the innovative startups—can’t. Instead, they have to settle out of court. Patent trolls take advantage of this weakness. […]

In the smartphone market alone, $15-20 billion has already been spent by technology companies on building defenses, says Stanford Law School professor Mark Lemley. For example, Google bought Motorola Mobility for $12.5 billion—mostly for its patents. An Apple-Microsoft-Oracle-Nokia consortium bought Nortel’s patent portfolio for $4.5 billion. Microsoft bought Novell’s patent portfolio for $450 million and some of AOL’s patents for $1 billion. Facebook bought some of Microsoft’s new AOL patents for $550 million. Lemley estimates that more than $500 million has been squandered on legal fees—and battles are just beginning. This is money that could have been spent, instead, on R&D. […]

Clearly, the laws need revision. Feld says that software patents should be completely abolished—that in the modern era of computing, the best defense is speed to market, execution, and continuous innovation.

{ Washington Post | Continue reading }

photo { Harry Callahan }

C’est la vie, say the old folks, it goes to show you never can tell

52.jpg

The explosive lawsuit alleges on January 16, 2012, Travolta picked up the masseur in a black Lexus SUV, which had “Trojan condoms in the console of the vehicle” and the duo went to a room at the Beverly Hills Hotel. […] The masseuse tried to complete the deep tissue massage, but the lawsuit alleges, “Travolta, had removed his draping and was masturbating. Travolta’s penis was fully erect, and was roughly 8 inches in length, and his pubic hair was wirey and unkempt. […] The documents state that Travolta said there was a Hollywood actress staying at the hotel that “wanted three way sex, and wanted to be double penetrated.” Travolta said they could have that later, but first they needed to have sex together before calling her, so this way they would be in-sync with each other sexually.

{ Radar | Continue reading }

The poisonous mushroom that makes the fearless vomit

Adscend Media agreed not to spam Facebook users and pay US$100,000 in court and attorney fees, according to the settlement. […] Adscend Media’s spamming generated up to $20 million a year.

{ IT World | Continue reading }

‘I ran my life exactly as I wanted to, all the time. I never listened to anybody.’ –Michael Caine

645.jpg

Albert Tirrell and Mary Bickford had scandalized Boston for years, both individually and as a couple, registering, as one observer noted, “a rather high percentage of moral turpitude.” Mary, the story went, married James Bickford at 16 and settled with him in Bangor, Maine. They had one child, who died in infancy. Some family friends came to console her and invited her to travel with them to Boston. Mary found herself seduced by the big city. (…)

James came to Boston at once, found Mary working in a house of ill repute on North Margin Street and returned home without her. She moved from brothel to brothel and eventually met Tirrell, a wealthy and married father of two. He and Mary traveled together as man and wife, changing their names whenever they moved, and conducted a relationship as volatile as it was passionate; Mary once confided to a fellow boarder that she enjoyed quarreling with Tirrell because they had “such a good time making up.” (…)

Choate kept that case in mind while plotting his defense of Tirrell, and considered an even more daring tactic: contending that Tirrell was a chronic sleepwalker. If he killed Mary Bickford, he did so in a somnambulistic trance and could not be held responsible.

{ Smithsonian | Continue reading }

photo { Linus Bill }

When contradictory positions are reconciled in a higher unity (synthesis) they are both annulled and preserved

232.jpg

On March 23, 1994 a medical examiner viewed the body of Ronald Opus and concluded that he died from a gunshot wound of the head caused by a shotgun. Investigation to that point had revealed that the decedent had jumped from the top of a ten-story building with the intent to commit suicide. (He left a note indicating his despondency.) As he passed the 9th floor on the way down, his life was interrupted by a shotgun blast through a window, killing him instantly. Neither the shooter nor the decedent was aware that a safety net had been erected at the 8th floor level to protect some window washers, and that the decedent would most likely not have been able to complete his intent to commit suicide because of this.

Ordinarily, a person who starts into motion the events with a suicide intent ultimately commits suicide even though the mechanism might be not what he intended. That he was shot on the way to certain death nine stories below probably would not change his mode of death from suicide to homicide, but the fact that his suicide intent would not have been achieved under any circumstance caused the medical examiner to feel that he had homicide on his hands.

Further investigation led to the discovery that the room on the 9th floor from whence the shotgun blast emanated was occupied by an elderly man and his wife. He was threatening her with the shotgun because of an interspousal spat and became so upset that he could not hold the shotgun straight. Therefore, when he pulled the trigger, he completely missed his wife, and the pellets went through the window, striking the decedent.

When one intends to kill subject A, but kills subject B in the attempt, one is guilty of the murder of subject B. The old man was confronted with this conclusion, but both he and his wife were adamant in stating that neither knew that the shotgun was loaded. It was the longtime habit of the old man to threaten his wife with an unloaded shotgun. He had no intent to murder her; therefore, the killing of the decedent appeared then to be accident. That is, the gun had been accidentally loaded.

But further investigation turned up a witness that their son was seen loading the shotgun approximately six weeks prior to the fatal accident. That investigation showed that the mother (the old lady) had cut off her son’s financial support, and her son, knowing the propensity of his father to use the shotgun threateningly, loaded the gun with the expectation that the father would shoot his mother. The case now becomes one of murder on the part of the son for the death of Ronald Opus.

Now comes the exquisite twist. Further investigation revealed that the son, one Ronald Opus, had become increasingly despondent over the failure of his attempt to get his mother murdered. This led him to jump off the ten-story building on March 23, only to be killed by a shotgun blast through a 9th story window.

The medical examiner closed the case as a suicide.

{ Snopes | Continue reading | thanks Caitie }

Wail, Banba, with your wind: and wail, O ocean, with your whirlwind.

7689.jpg

{ Roy Lichtenstein’s estate claims copyright over the images he appropriated, 2010 }

Did they say they give a delightful figure line 11/6 obviating that unsightly broad appearance across the lower back to reduce flesh (wink)

444.jpg

Many crimes are generally performed by using language. Among them are solicitation, conspiracy, perjury, threatening, and bribery. In this chapter, we look at these crimes as acts of speech, and find that they have much in common – and a few interesting differences. For one thing, they involve different acts of speech, ranging from promises to orders. For another, most language crimes can be committed through indirect speech. Few criminals will say, “I hereby offer you a bribe,” or “I hereby engage you to kill my spouse.” Thus, many of the legal battles involve the extent to which courts may draw inferences of communicative intent from language that does not literally appear to be criminal. Yet the legal system draws a line in the sand when it comes to perjury, a crime that can only be committed through a direct fabrication. We provide a structured discussion of these various crimes that should serve to explain the similarities and difference among them.

{ SSRN | Continue reading }

Large reservoirs such as oil fields are typically split into exploratory blocks for different consortia

5g.jpg

Anonymous, together with a group known as the Peoples Liberation Front, Tuesday announced the immediate availability of a new website for hacktivists to dump their stolen (”doxed”) data.

Dubbed AnonPaste, the website has been created as an alternative to Pastebin and other websites that allow people to anonymously upload large amounts of text, the two groups said in a joint press release. Shared content can be set to expire after 10 minutes, an hour, a day, a month, a year, or never. In addition, the site promises to remain advertising-free and unmoderated, maintain no connection logs, and store only encrypted data.

{ InformationWeek | Continue reading }

By bronze, by gold, in oceangreen of shadow

410.jpg

Federal authorities have arrested eight men accused of distributing more than $1 million worth of LSD, ecstasy, and other narcotics with an online storefront that used the TOR anonymity service to mask their Internet addresses.

“The Farmer’s Market,” as the online store was called, was like an Amazon for consumers of controlled substances, according to a 66-page indictment unsealed on Monday. It offered online forums, Web-based order forms, customer service, and at least four methods of payment, including PayPal and Western Union. From January 2007 to October 2009, it processed some 5,256 orders valued at $1.04 million. The site catered to about 3,000 customers in 35 countries, including the United States.

To elude law enforcement officers, the operators used software provided by the TOR Project that makes it virtually impossible to track the activities of users’ IP addresses.

{ Ars Technica | Continue reading }

photos { Claes Källarsson | 1 | 2 }

If you’re expecting me to help out with the rent you’re in for a big fuckin’ surprise

999.jpg

{ Traffic cop issues ticket to moving bus }

███████, ██████, and so on

43.jpg

{ When the authorities send a subpoena to Facebook for your account information, what do they receive? }

related:

This paper reports a study which investigated adult social activity on Facebook. The data was drawn from an online survey (N = 758) and 18 in-depth research sessions (semistructured interviews and verbal protocols). The research explored the function of Facebook in making contact, maintaining contact and facilitating extended contact with online friends and the concept of ‘facestalking’. It also examined how the specific tools of Facebook (wall postings, status updates, events and photos) are used to communicate and socialise. The research concludes that Facebook strengthens existing friendships by supplementing traditional forms of communication (face to face, telephone). Also, participation in the Facebook community enables efficient and convenient contact to be maintained with a larger and more diverse group of acquaintances, thus extending potential social capital.

{ IJETS | Continue reading }

A Wall Street Journal examination of 100 of the most popular Facebook apps found that some seek the email addresses, current location and sexual preference, among other details, not only of app users but also of their Facebook friends. One Yahoo service powered by Facebook requests access to a person’s religious and political leanings as a condition for using it. The popular Skype service for making online phone calls seeks the Facebook photos and birthdays of its users and their friends. (…)

Facebook requires apps to ask permission before accessing a user’s personal details. However, a user’s friends aren’t notified if information about them is used by a friend’s app. An examination of the apps’ activities also suggests that Facebook occasionally isn’t enforcing its own rules on data privacy.

{ WSJ | Continue reading }

I remember this one time on Facebook someone ‘poked me’ and I stabbed him

4.jpg

One quick story: I was a venture capitalist in 2001. A company, Oingo, which later became Applied Semantics, had a technique for how search engines could make money by having people bid for ads. My partner at the firm said, “we can probably pick up half this company for cheap. They are running out of money.” It was during the Internet bust.

“Are you kidding me, “ I said. “they are in the search engine business. That’s totally dead.” And I went back to playing the Defender machine that was in my office. That I would play all day long even while companies waited in the conference room.

A year later they were bought by Google for 1% of Google. Our half would’ve now been worth hundreds of millions if we had invested. I was the worst venture capitalist ever. They had changed their name from Oingo to Applied Semantics to what became within Google…AdWords and AdSense, which has been 97% of Google’s revenues since 2001. 97%. $67 billion dollars. (…)

Ken Lang buys his patents back from Lycos for almost nothing. He starts a company: I/P Engine. Two weeks ago he announced he was merging his company with a public company, Vringo (Nasdaq: VRNG). Because it’s Ken, I buy the stock although will buy more after this article is out and readers read this.

The company sues Google for a big percentage of those $67 billion in revenues plus future revenues. The claim: Google has willfully infringed on Vringo – I/P’s patents for sorting ads based on click-throughs.

{ James Altucher/TechCrunch | Continue reading }

To love, cherish, and to obey, till death us do part

223.jpg

Consider what the modest justices were debating on Monday: what Americans are allowed to do AFTER they die.

Specifically, the question before the court was whether a dead man can help conceive children.

This odd point of law came before the court after a woman, Karen Capato, gave birth to twins 18 months after her husband died of cancer. She had used sperm he deposited when he was alive, and she was seeking his Social Security survivor benefits for the kids. (…)

“Let’s assume Ms. Capato remarried but used her deceased husband’s sperm to birth two children . . . ” Sotomayor posited. “Would they qualify for survivor benefits even though she is now remarried?” (…) “What if you are a sperm donor?”

{ Washington Post | Continue reading }

‘Never get out of bed before noon.’ –Charles Bukowski

42.jpg

How did we end up with a drinking age of 21 in the first place?

In short, we ended up with a national minimum age of 21 because of the National Minimum Drinking Age Act of 1984. This law basically told states that they had to enact a minimum drinking age of 21 or lose up to ten percent of their federal highway funding. Since that’s serious coin, the states jumped into line fairly quickly. Interestingly, this law doesn’t prohibit drinking per se; it merely cajoles states to outlaw purchase and public possession by people under 21. Exceptions include possession (and presumably drinking) for religious practices, while in the company of parents, spouses, or guardians who are over 21, medical uses, and during the course of legal employment.

{ Mental Floss | Continue reading }

photo { Miss Aniela }

‘Sometimes the first duty of intelligent men is the restatement of the obvious.’ –G. Orwell

2j.jpg

The email might contain “privileged, confidential and/or proprietary information,” they are told. If it landed in their inbox by error, they are strictly prohibited from “any use, distribution, copying or disclosure to another person.” And in such case, “you should destroy this message and kindly notify the sender by reply email.” (…)

Email disclaimers, those wordy notices at the end of emails from lawyers, bankers, analysts, consultants, publicists, tax advisers and even government employees, have become ubiquitous—so much so that many recipients, and even senders, are questioning their purpose. (…)

Emails often now include automatic digital signatures with a sender’s contact information or witty sayings, pleas to save trees and not print them, fancy logos and apologies for grammatical errors spawned by using a touch screen. (…)

Some lawyers say the disclaimers have value, alerting someone who receives confidential, proprietary, or legally privileged information by accident that they don’t have permission to take advantage of it.

Others, including lawyers whose email messages are laden with them, say the disclaimers are for the most part unenforceable. They argue that they don’t create any kind of a contract between sender and recipient merely because they land in the recipient’s inbox.

It’s largely untested whether email disclaimers can hold up in court and at least one ruling on the matter was mixed.

Boilerplate language attached to every email dilutes the intention, some say. For instance, when every message from a sender’s account is tagged with “privileged and confidential,” it might make it difficult to convince a judge that any one email is more private than another.

{ WSJ | Continue reading }

Not to brag or anything but I almost had sex tonight

17.jpg

Marriage as Punishment

Popular discourse portrays marriage as a source of innumerable public and private benefits, happiness, companionship, financial security, and even good health. Complementing this view, our legal discourse frames the right to marry as a right of access, the exercise of which is an act of autonomy and free will.

However, a closer look at marriage’s past reveals a more complicated portrait. Marriage has been used - and importantly, continues to be used - as state-imposed sexual discipline.

Until the mid-twentieth century, marriage played an important role in the crime of seduction. Enacted in a majority of U.S. jurisdictions in the nineteenth century, seduction statutes punished those who ’seduced and had sexual intercourse with an unmarried female of previously chaste character’ under a ‘promise of marriage.’ Seduction statutes routinely prescribed a bar to prosecution for the offense: marriage. The defendant could simply marry the victim and avoid liability for the crime. However, marriage did more than serve as a bar to prosecution. It also was understood as a punishment for the crime. Just as incarceration promoted the internalization of discipline and reform of the inmate, marriage’s attendant legal and social obligations imposed upon defendant and victim a new disciplined identity, transforming them from sexual outlaws into in-laws.

{ Melissa E. Murray/SSRN | Continue reading }