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7 Oct 2013, 5:43 am
The principal issue in this case is whether the trial court has jurisdiction to address a motion to correct an illegal sentence, filed pursuant to § 43-22, where the defendant's claim does not attack the legality of the sentence or the sentence proceedings. [read post]
7 Oct 2013, 5:43 am
The principal issue in this case is whether the trial court has jurisdiction to address a motion to correct an illegal sentence, filed pursuant to § 43-22, where the defendant's claim does not attack the legality of the sentence or the sentence proceedings. [read post]
4 Oct 2013, 5:57 am by Gilles Cuniberti
Article 5(3) lays down, as the sole condition, that a harmful event has occurred or may occur. 42      Thus, unlike Article 15(1)(c) of the Regulation, which was interpreted in Joined Cases C-585/08 and C-144/09 Pammer and Hotel Alpenhof [2010] ECR I-12527, Article 5(3) thereof does not require, in particular, that the activity concerned to be ‘directed to’ the Member State in which the court seised is situated.… [read post]
27 Sep 2013, 9:37 am by Rebecca Tushnet
  Another option: §43(a), unregistered trade dress. [read post]
26 Sep 2013, 11:00 am by Benjamin Wittes
  Thank you, Chairman Feinstein, Vice Chairman Chambliss, and members of the committee for inviting me to present my views on reform of the Foreign Intelligence Surveillance Act (FISA).[1] I am a Senior Fellow in Governance Studies at the Brookings Institution. [read post]
26 Sep 2013, 6:05 am by Admin
Section 512(c)(1)(A) protects a service provider who: does not have “actual knowledge” of the infringing material or activity using the material;7 in the absence of such knowledge, “is not aware of facts or circumstances from which the infringing activity is apparent,”;8 or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access, to the material.9 In addition to the knowledge-based framework above, § 512(c) states… [read post]
25 Sep 2013, 5:01 pm by oliver randl
Moreover, it was held that claims 6 to 8, the features of which are now present in claims 1, 5 and 6, did not fulfil the requirements of R 43.However, the impugned decision is not based on grounds of which objections of non-compliance with A 84 and R 43 form part.[9] As already found in decision T 1640/06, objections that do not form part of the grounds for a refusal of an application, in particular objections in obiter dicta, can be meant as voluntary information to an… [read post]
24 Sep 2013, 11:34 am by Jonathan Bailey
While they’re relatively rare, they do happen and non-infringing material does get removed (though the law does provide a means to punish those who file such notices). [read post]
23 Sep 2013, 7:25 am by Blogspot
He added that the right to vote was a right guaranteed in, inter alia, Article 3 of Protocol No. 1. [read post]
23 Sep 2013, 7:25 am by Unknown
He added that the right to vote was a right guaranteed in, inter alia, Article 3 of Protocol No. 1. [read post]
23 Sep 2013, 7:25 am by Kader Kadem
He added that the right to vote was a right guaranteed in, inter alia, Article 3 of Protocol No. 1. [read post]
23 Sep 2013, 5:01 am by Terry Hart
Under the statute, a service provider does not initially have a duty to affirmatively monitor for infringement. [read post]
19 Sep 2013, 9:53 am by Bexis
The following post is exclusively the work of the Reed Smith side of the blog.Sometimes the smallest, least significant type of lawsuit can illustrate cracks in the edifice of the largest, most consequential litigation. [read post]
18 Sep 2013, 2:25 pm by Bart Torvik
So changing the incentives at the margin probably doesn’t matter much.So what does explain this? [read post]
18 Sep 2013, 10:18 am by Carolyn E. Wright
In response to Comment 1, the rule explains: The general rule is that still photography does not require a permit. [read post]