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21 Sep 2009, 8:59 am
The court concluded that Veoh’s efforts and policies to limit incidents of infringement and to work diligently to keep infringing works off its website satisfy the “safe harbor provisions” that shield it from liability under the Digital Millennium Copyright Act (the “DMCA”). [read post]
21 Sep 2009, 7:35 am
       Assumption of Risk Although courts generally hold that cheerleaders assume the risk of injuries while cheerleading, this assumption may not completely bar them from recovery.[44] However, some courts still find that since there is a high and definite risk of physical harm involved, a school does not owe a duty to cheerleaders to provide adult supervision and monitor their activities.[45]  To build a case for assumption of risk,… [read post]
20 Sep 2009, 11:03 pm
 Policy is protecting creativity through shielding people’s work from being stolen without due credit while protecting a capitalistic market. [read post]
20 Sep 2009, 1:17 pm
YouTube for print, a Houston financial writer has sued Scribd.com for copyright infringement, purporting to represent a class of authors who allege their works have been illegally copied, re-formatted, and displayed by the popular document-hosting service. [read post]
16 Sep 2009, 3:33 am
Although this petition involves a freelance journalist (and thus might involve some broader First Amendment principles or even Texas’s recently enacted shield law), it may boil down to a more general question about discovery in civil cases: Have the standards for electronic discovery that the Court announced in In re Weekley Homes, L.P., No. 08-0836 (DocketDB), been met in this case? [read post]
12 Sep 2009, 8:57 am
Besides, even when we're right, and we're not always, we mostly lose appeals. [read post]
12 Sep 2009, 6:16 am
We'll try not to notice that you're getting rich doing it.This should be in Kim's weekend around the blogosphere links, but she's too modest to put it there. [read post]
10 Sep 2009, 3:30 am
California (discussed here)  makes clear that wholesale exceptions to confrontation, even where done in the name of “fairness,” are going to be a hard sell, especially if they’re of recent vintage. [read post]
8 Sep 2009, 4:00 am by Peter A. Mahler
Those who follow the society pages may recall that gossip columnist, television reporter and socialite Claudia Cohen married, had a child with and later divorced billionaire Ronald Perelman, and that she died tragically young in 2007. [read post]
6 Sep 2009, 12:41 am
  What we also need to remember is that the men and women who are given shields are not a whole lot different than those walking the streets in sneakers or high heels. [read post]
3 Sep 2009, 7:20 am
The best vascular surgery program in the world can’t help you if there’s no surgeon available or if you’re 150 miles away when your aortic aneurysm ruptures. [read post]
31 Aug 2009, 2:10 am
But the defense - it's OK to rape whores - that's the real point of the rape shield law. [read post]
27 Aug 2009, 7:35 am
That is, clients can either use lawyers' advice as a "sword" to defend themselves or they can use the privilege as a "shield" to keep communications private, in which case they're off limits entirely. [read post]
25 Aug 2009, 7:18 pm
The Department of Justice internal watchdog, the Office of Professional Responsibility, submitted to Holder a report Monday that recommended the department re-examine earlier decisions, made under the Bush administration, to decline to prosecute apparent violations of anti-torture laws. [read post]