Category Archives: Law

Why Copyright & Patent Laws Go Against How We Create

The Apple versus Samsung lawsuit is totally wrong – Apple did not invent the smart phone on its own

Woody on creativity 400x221 Why Copyright & Patent Laws Go Against How We Create photo

Woody Guthrie on stealing songs

Kirby Ferguson has just posted a 10 minute TED talk debunking the claim by Apple that it created and has the patent on the smart phone.

Ferguson is the filmmaker behind the Everything Is A Remix series of videos.

His TED lecture shows how “the nature of both creativity and innovation revolves around building on the works of others, but that both copyright and patent laws are based on the exact opposite belief — that creativity and innovation springs new from one’s head, and thus deserves some form of property rights.”  Continue reading →

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The 5 employment laws every manager should know

Federal class actions under Fair Labor Standards Act (FLSA) are biggest source of  private class actions in employment-related cases

Employment Law Aptivo The 5 employment laws every manager should know photoBy Elizabeth Hall, Business Management Daily – Wage-and-hour labor litigation continues to increase exponentially.

Federal class actions brought under the Fair Labor Standards Act (FLSA) outnumber all other types of private class actions in employment-related cases. Particularly hard hit: employers in California, Florida, Illinois, New Jersey, New York, Massachusetts, Pennsylvania and Texas.  Continue reading →

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TechDirt posts 40,000th blog denounces SOPA

Mike Masnick tireless advocate for internet freedom fighting against censorship

mike masnick TechDirt posts 40,000th blog denounces SOPA photo

Mike Masnick founder of TechDirt

TechDirt is one of a kind – editor Mike Masnick works tirelessly writing stories every day to promote freedom of speech and freedom on the internet.

Mike has written articles denouncing censorship, state control around the world including the US Congress attempt through SOPA to shut down the internet as we know it.  Continue reading →

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U.S. Government Seizes 82 Websites

A Glimpse at the Draconian Future of Copyright Enforcement?

eff U.S. Government Seizes 82 Websites photoBy EFF Legal Analysis by Corynne McSherry

Over the past few days, the U.S. Justice Department, the Department of Homeland Security and nine U.S. Attorneys’ Offices seized 82 domain names of websites they claim were engaged in the sale and distribution of counterfeit goods and illegal copyrighted works.

Setting aside the due process concerns inherent in seizing any website without notice or appropriate recourse for the owner, it appears that the “raid” has swept up several sites that are hardly in the business of willful copyright infringement.

For example, the the list of targets included OnSmash.com and RapGodfathers.com. Both sites are dedicated to promoting rap and hiphop, showcasing new artists and helping fans connect and share information about the music they love. According to the owners, they regularly and expeditiously process copyright infringement notices and take down links as appropriate. Indeed, OnSmash says the labels themselves are often the source of the links OnSmash makes available. In other words, they try to play by the rules. Moreover, the sites are not simply collections of links; rather, they provide a wide array of information and forums for speech, all of which was rendered inaccessible by the seizure.  Continue reading →

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Canadians with disabilities score human rights win

Donna Jodhan’s inspiring triumph on the eve of the United Nations’ International Day of Persons with Disabilities

Donna Jodhan Canadians with disabilities score human rights win photo

Donna Jadhan wins disability access case against Federal government

From NUPGE – Ottawa – On the eve of Dec. 3, the United Nations’ International Day of Persons with Disabilities (IDPD), Canadians with disabilities have won a major victory in ensuring that government information becomes more accessible for people with sight impairment.

Earlier this week the Federal Court of Canada released a landmark decision concerning the right of Canadians with disabilities to access government websites.

Justice Michael Kelen ruled that the Canadian government must post key website content in a usable format for blind and partially-sighted Canadians.

This victory is the result of the courageous and persistent actions of blind activist Donna Jodhan.

Justice Kelen concluded the government breached Jodhan’s equality rights by its “system-wide failure” to provide the same services to the visually impaired as it does to those who can see.

“She has been denied equal access to, and benefit from, government information and services provided online to the public on the Internet and this constitutes discrimination against her on the basis of her physical disability, namely that she is blind,” wrote Justice Kelen.  Continue reading →

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Jehovah’s Witnesses support same sex marriage inadvertently

Despite JW fundamentalist ban of gay marriage, old Supreme Court ruling in their favour used to defeat Prop 8 in California

Jehovahs Witness singing Jehovahs Witnesses support same sex marriage inadvertently photo

Jehovah's Witnesses supporting same sex marriage

The California decision by United States District Chief Judge Vaughn R Walker reversed Prop 8′s ban of same-sex or gay marriage in the state.

Part of the legal argument FOR gay marriage comes from a 65 year old Supreme Court ruling that granted freedom of religious expression to Jehovah’s Witnesses.

Walker said that the majority opinion does not eliminate fundamental rights for a minority.

Ironically Jehovah’s Witnesses ban same-sex marriage. They disfellowship or shun any member who openly participates in same-sex acts or relationships.

The reference by Judge Walker to West Virginia State Board of Education v. Barnette will have the Watchtower Society scratching their heads.  “How did we help those wicked sons and daughters of Sodom and Gomorrah?” they will be asking themselves.

Continue reading →

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Buggy software makers liable for damages

License agreements that absolve software developers of responsibility found unenforceable

Red Sky IT Buggy software makers liable for damages photoA recent decision of the UK High Court held that software developers are responsible for software bugs. This goes against most software license agreements that software companies force on customers. Essentially, software companies have been denying all responsibility for damages.

The license agreements are non-negotiable documents often consented to as software is being installed.

It’s been the software industry practice to admit that software is buggy. People know that and hundreds of millions of customers have accepted it for decades.

However, all goods are sold on the basis of “fit for the purpose intended.” The UK High Court ruled that license agreements can’t eliminate the basic rules of commerce.  Continue reading →

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