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27 Jul 2:02 pm by scanner1
The Montana Supreme Court has issued an Opinion in the following matter: DA 07-0170, 2009 MT 248, ROBERT JACOBSEN, Plaintiff, Appellee and Cross-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant and Appellant.
State Law Library of Montana - http://mtlawlibrary.wordpress.com
15 Aug, 2008 12:18 pm by admin
... a framework for modifying and sharing creative works that was developed in 2002 by Larry Lessig, a law professor at Stanford. The ruling: Robert Jacobsen v. Matthew Katzer and Kamind Associates We consider here the ability of a copyright ... and incorporating them into one of Katzer/Kamind's software packages without following the terms of the Artistic License. Jacobsen brought an action for copyright infringement and moved for a preliminary injunction. The District Court held that the open source ...
Furd Log - http://msl1.mit.edu/furdlog
16 Aug, 2008 2:43 am
... ), (Ars Technica) US CAFC holds that copying free software without complying with license is copyright infringement: Robert Jacobsen v Matthew Katzer: (IP Thinktank), (Ars Technica), (Lessig), (creativecommons.org), (Electronic Frontier Foundation ... Blog), Jacobsen, Robert - CAFC holds that copying free software without complying with license is copyright infringement: Robert Jacobsen v Matthew Katzer: (IP Thinktank), (Ars Technica), (Lessig), (creativecommons.org), (Electronic Frontier Foundation ...
IP Thinktank - http://duncanbucknell.com/blog
30 Aug, 2007 1:41 am by Andres Guadamuz
... Jacobsen v Katzer, and American court has agreed. The case involved Robert Jacobsen, an open source developer participating in an open source project called Java Model Railroad Interface (JMRI), which is a model train software released it under the Artistic License. Jacobsen received a letter demanding the licence fee payments from a company named Kamind Associates, ... rail road software (particularly U.S. patent 7,216,836). Jacobsen decided to pre-empt legal action and sued Katzer first, alleging ...
TechnoLlama - http://technollama.blogspot.com/index.html
30 Aug, 2007 5:28 pm
... to power model railroads (part of the fun of software companies is that they are e-v-e-r-y-w-h-e-r-e, isn't it?). The plaintiff in this case is Robert Jacobsen, a professor of physics and sponsor of the Sourceforge-powered Java Model Railroad Interface (JMRI). ... one very narrow issue addressed in the opinion (embedded in the rest of this post) most interesting. The decided to dismiss Jacobsen's claim of unfair competition because, "[JMRI] never had an expectation of compensation by making [ ...
Coderights - http://coderights.com/
13 Aug, 2008 11:35 pm by Barry Barnett
... source license may entitle the copyright owner to sue for a preliminary injunction. The copyright owner/open source licensor, Robert Jacobsen, authored software that allows users to program "decoder chips" in model train sets. (The opinion doesn't ... the user had changed the DecoderPro software. The district court deemed the restrictions mere "covenants", which entitled Jacobsen to damages for breach but not to more splendiferous relief under the Copyright Act for infringement. The Federal Circuit ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
18 Aug, 2008 2:57 am by Andres Guadamuz
... licences are contracts, and therefore breach of licence should be pursued as breach of contract. As I wrote before, the case involved Robert Jacobsen, an open source developer participating in an open source project called Java Model Railroad Interface (JMRI), which is a model train software released it under the Artistic License. Jacobsen received a letter demanding the licence fee payments from a company named Kamind Associates, owned by Matthew Katzer, which ...
TechnoLlama - http://technollama.blogspot.com/index.html
14 Jan, 2007 7:34 pm by Joel Jacobsen
... , and "don't want the Court to seem to be lurching around because of changes in personnel." ... Throughout its history, Roberts argues convincingly, the Court has best served itself-and the nation-when its individual justices have been ... to subordinate their own agendas in the interest of building judicial consensus and institutional legitimacy. What is this "legitimacy" that Roberts goes on about? I think Rosen gets close when he refers to the readiness of "the public to respect the Court as an ...
Tags: role, courts, Supreme
Judging Crimes - http://www.judgingcrimes.com/journal/
23 May 3:42 pm by Joel Jacobsen
... in America from a Republican president is, in fact, a Republican, Toobin writes: After four years on the Court, however, Roberts's record is not that of a humble moderate but, rather, that of a doctrinaire conservative. The kind of humility that Roberts favors ... the very nature of imposing - putting him-or herself at the top of the organizational chart. So what Toobin meant was that Roberts uses his political power to establish or reinforce one set of power relationships rather than another. That' ...
Judging Crimes - http://www.judgingcrimes.com/journal/
16 Sep, 2007 8:15 pm by Joel Jacobsen
... when a justice tries to explain himself - and does so with unintended thoroughness. It's from a Washington Post chat with Robert Draper, compiler of Dead Certain, the Bush Administration's weirdly-narcissistic collective self-portrait: Alexandria, Va.: Given ... Chief Justice Roberts did not recommend Harriet Miers to President Bush." I believe that's correct; according to my sources, Roberts didn't issue his recommendation directly to the president. I try to think good thoughts about the new Chief ...
Tags: Notfalse
Judging Crimes - http://www.judgingcrimes.com/journal/
13 Jan, 2007 9:03 pm by Joel Jacobsen
... the Court as an impartial institution that transcends partisan politics. There's a couple of ways of looking at that. Either it means that the Roberts Court will concentrate on easy cases, such as slapdowns of particularly lawless decisions by the Sixth and Ninth Circuits. (See post 210 and post 207.) Or, more positively, it means that the Roberts Court will decide cases on narrow grounds, resolving the issue presented rather than the issue of the justices' dreams, ...
Judging Crimes - http://www.judgingcrimes.com/journal/
14 Aug, 2008 9:44 pm by Andis Kaulins
... licenses that any single one is of great interest, but the pro-open source ruling of the Court of Appeals for the Federal Circuit in Jacobsen v. Katzer, No. 2008-1001 (Fed. Cir. Aug. 13, 2008) easily goes to the top of the ... may not be legally enforceable if they're licensed under terms that are "intentionally broad." Ruling on an appeal brought by software developer Robert Jacobsen, the U.S. Court of Appeals for the Federal Circuit said Wednesday that open source users that do not comply with the ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
15 Aug, 2008 5:24 pm by jeremy
... not copyright infringement. The distinction is important because it's easier to recover monetary damages in a copyright-infringement case. Robert Jacobsen, who manages an open source software group that created an application he claims was infringed, sought an injunction against KAM Industries, which makes a competing product. The lower court denied Jacobsen's motion. The appeals court vacated that ruling Wednesday and returned the case to the district court. "Traditionally ...
LawInfo Weblog - http://blog.lawinfo.com
15 Aug, 2008 4:09 pm by Jonathan Bailey
... a cause to celebrate, not because of what was won, but the problems that could have been lost. The Basics Robert Jacobsen is the creator of the JAVA Model Railroad Interface (JMRI), a program that helps model train enthusiasts manage their setups ... failed to include proper attribution, preserve copyright notices and otherwise comply with the terms set forth in the license. Jacobsen sued the company and sought a preliminary injunction to stop the use of the code. However, the district court ruled ...
PlagiarismToday - http://www.plagiarismtoday.com
... for 4.1 million dollars has been entered in favor of the Estate of a Tacoma Longshoreman by United States District Court Judge Robert Bryan. The judgment arises from a 40-foot shipping container accident in November of 2006 at the Port of Tacoma. The longshoreman ... for the several hours decedent survived before his death. The longshoreman's Estate was represented by Beard Stacey Trueb and Jacobsen. The case was filed in United States District Court for the Western District of Washington at Tacoma.
Maritime Injury Law Blog - http://blog.maritimelawyer.us/
... in the same manner as other property of the citizens. Justice Breyer was joined by Justices Scalia, Kennedy, Ginsburg and Alito. In addition, Chief Justice Roberts and Justice Thomas filed an opinion concurring with a portion of Justice Breyer's opinion. For all questions related to maritime law, cases and injuries, please contact the law offices of Beard, Stacey, Trueb and Jacobsen at 206.282.3100 or visit our website at www.atsealawyer.com.
Maritime Injury Law Blog - http://blog.maritimelawyer.us/
27 Sep 7:01 pm by Joel Jacobsen
... without lawyers for hearings that lasted just a few minutes. More convictions are under review. Former PA Child Care owner Robert Powell, a lawyer, pleaded guilty July 1 to paying kickbacks to the judges. Prominent construction company owner Robert K. Mericle, who built ... Elia angle casts an interesting light on that $3.5 million libel verdict against the Citizen's Voice. A man named Robert J. Kulick, whom we'll meet again in a couple days, testified D'Elia claimed to have been assured by Conahan ...
Judging Crimes - http://www.judgingcrimes.com/journal/
24 Feb, 2007 2:27 pm by Joel Jacobsen
... reality. But they're gone. It's too soon to say much about the new Chief Justice or Justice Alito, and since Roberts has revealed he was only kidding when he told Congress during his confirmation hearing that he thought the Court should ... passing toddler, but still enjoys the odd romp-and-tear from time to time. Putting to one side Scalia, Alito and Roberts, what's left are people who never practiced enough law to be considered for partnership at your average law firm (Breyer, Ginsburg, Thomas), ...
Tags: role, courts, Supreme
Judging Crimes - http://www.judgingcrimes.com/journal/
6 May, 2007 4:13 pm by Joel Jacobsen
... a 1988 case for authority that a particular view of the law was "clearly established." At the end of his dissent today, Chief Justice Roberts mocks the idea of getting clearly established law from a dissent. Here's the last paragraph: Still, perhaps there is no ... in 1988, even though it so clearly didn't. When the Supreme Court acts, it creates its own reality. But was Roberts revealing himself to be part of the reality-based community, or did he use reality for the same reason a Neandertal used ...
Judging Crimes - http://www.judgingcrimes.com/journal/
4 Oct 8:59 pm by Joel Jacobsen
... permits the use of out-of-court statements when 1) the declarant is unavailable and 2) the statements bears indicia of reliability. Roberts, 448 U.S. at 66 ... The reliability is inferred when the evidence falls within a firmly rooted hearsay exception. This is gibberish on so many levels it would be tedious to list them. Suffice to say that Roberts, the case she cites, was overruled by Crawford, the case she had cited just a paragraph earlier. "Indicia of ...
Judging Crimes - http://www.judgingcrimes.com/journal/
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