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19 Nov 2013, 3:20 pm
Recognizing there is no constitutional jury trial right for a "petty" offense does not, however, resolve all the constitutional issues raised by the use of CPL 400.40 in this case. [read post]
3 Oct 2016, 9:41 am
On Slanted Arguments and Red Herrings What Does the Trademark Registration Say? [read post]
24 Jan 2007, 9:58 pm
Following the rationale of a long string of courts, the court rejects this by saying that publishing content via a web server accessible to multiple users makes him an ICS provider. 2) The statute does not protect blocking decisions based on a server's status as an open relay. [read post]
4 Jun 2024, 2:21 am
Section 218(2) does not create liability in itself. [read post]
19 Feb 2015, 9:53 pm
., at *2.HoldingBased on Gunn v. [read post]
8 Nov 2023, 4:02 pm
Montreal Convention art. 33(1)–(2). [read post]
30 Nov 2021, 12:57 pm
” In the certification, the plaintiff made representations that Snapchat does not: (1) archive content files; (2) retain user information past 30 days; (3) retain user identity past 30 days; or (4) preserve user content. [read post]
30 Nov 2021, 12:57 pm
” In the certification, the plaintiff made representations that Snapchat does not: (1) archive content files; (2) retain user information past 30 days; (3) retain user identity past 30 days; or (4) preserve user content. [read post]
30 Nov 2021, 12:57 pm
” In the certification, the plaintiff made representations that Snapchat does not: (1) archive content files; (2) retain user information past 30 days; (3) retain user identity past 30 days; or (4) preserve user content. [read post]
22 Jul 2011, 11:04 am
Cree, Inc., et. al., 2-10-cv-00314 (VAED July 20, 2011, Order) (Smith, J.) [read post]
18 May 2023, 6:11 pm
Jones, 2 N.Y.3d 235, 241–242, [2004]). [read post]
27 Sep 2014, 8:13 am
The decision does have to be based on factors specific to the defendant, but other than that, the burden is on the defendant to show that he (or she) should be given home confinement. [read post]
24 Apr 2016, 9:57 pm
Since the contract rate has already been applied to each monthly payment prior to its maturity, and the agreement does not include a provision addressing the interest rate that governs after each monthly payment is due or in the event of a breach, the Surrogate's Court should have applied interest upon each monthly payment from the date it became due at the statutory rate of 9% per annum. [read post]
2 Nov 2015, 11:01 am
Fowlin (1998), [T]he law … does not require one to stand by helplessly while he is injured or killed by an assailant…. [read post]
28 Apr 2019, 10:02 am
Id. at *2. [read post]
17 Nov 2017, 3:46 pm
How about the fact that the federal system does precisely that. [read post]
20 Nov 2011, 6:15 pm
In addition, he ably defends core Freudian ideas against less gifted philosophers: Alasdair MacIntyre, Karl Popper, and Frank Ciofi, for example. [read post]
13 Nov 2008, 3:16 pm
Utah, No. 2:07-CV-400, 10/17/08). [read post]
15 Sep 2024, 1:24 am
Having established that the defendant’s use of the claimant’s work engaged the right of reproduction, the Supreme Court turned to the argument that the use would be lawful in light of freedom of expression within the meaning of Article 10 ECHR and the parody defence under Section 42f(2) of the Copyright Act. [read post]
8 Aug 2018, 6:12 am
” Unlike every Rogers inquiry up until now (including Parks), the court continues: “the ‘artistic relevance’ inquiry does not ask only whether a mark is relevant to the rest of the work; it also asks whether the mark is relevant to the defendant’s own artistry. [read post]
