Archive for the ‘Court’ Category

Judges Can’t “Friend” Lawyers in Florida

Friday, December 11th, 2009
Hugh Pickens writes "The NY Times reports that Florida's Judicial Ethics Advisory Committee has found in a recent opinion that judges and lawyers can no longer be Facebook friends. The committee says that when judges 'friend' lawyers who may appear before them, it creates the appearance of a conflict of interest, since it 'reasonably conveys to others the impression that these lawyer "friends" are in a special position to influence the judge.' Stephen Gillers, a legal ethics expert at New York University, says the Florida rule goes too far. 'In my view, they are being hypersensitive because in the case of a truly close friendship between a judge and a lawyer involved in a case, the other side can simply seek to disqualify the judge. Judges do not "drop out of society when they become judges," Gillers says. "The people who were their friends before they went on the bench remained their friends, and many of them were lawyers." Still, legal sycophants can take heart: lawyers can declare themselves Facebook "fans" of judges, the committee says, "as long as the judge or committee controlling the site cannot accept or reject the lawyer's listing of himself or herself on the site."'"

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Arrington Responds To the JooJoo, Files Suit

Friday, December 11th, 2009
itwbennett writes "Not normally 'one to enjoy a casual read of a lawsuit,' blogger Peter Smith admits to finding the suit Michael Arrington is filing against Fusion Garage over the JooJoo (nee CrunchPad) fascinating. 'Skip to page 4, starting with item 11,' says Smith. 'At this point I don't know what to think, Every time I get close to pretty much accepting Arrington's story at face value, he pulls something that makes me stop and reexamine his arguments.' For example, says Smith, in one bullet point in Arrington's latest salvo, he calls out the press, saying 'it is irresponsible for press to link to the pre-sale site.' 'This attempt to directly sway the press away from Fusion Garage really spikes my suspicion meter' says Smith. 'After all, Arrington is the press. If I started writing screeds advising him on what he should or should not say about a product, what would he think?'"

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CRIA Faces $60 Billion Lawsuit

Monday, December 7th, 2009
jvillain writes "The Canadian Recording Industry Association faces a lawsuit for 60 billion dollars over willful infringement. These numbers may sound outrageous, yet they are based on the same rules that led the recording industry to claim a single file sharer is liable for millions in damages. Since these exact same companies are currently in the middle of trying to force the Canadian government to bring in a DMCA for Canada, it will be interesting to see how they try to spin this."

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eBay vs. Craigslist Courtroom Fisticuffs Start Today

Monday, December 7th, 2009
davekleiman writes with news that former eBay chief exec Meg Whitman took the stand today to kick off the battle that has been brewing between Craigslist and eBay. The waters are further clouded by Whitman's upcoming bid for governor of California. "eBay wants to shed light on the 'coercive plan' that it has said Newmark hatched with Craigslist Chief Executive Jim Buckmaster to dilute eBay's ownership stake, ultimately stripping eBay of its seat on the Craigslist board. Craigslist has hit back that eBay used its board seat to glean information to launch its own classified site, Kijiji. Craigslist also claims that eBay used deceptive tactics to direct traffic away from its site."

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“Accidental” Download Sending 22-Year-Old Man To Prison

Saturday, December 5th, 2009
An anonymous reader writes "Two years ago, Matthew White searched Limewire for porn. He was looking for 'College Girls Gone Wild,' but ended up downloading some images of child pornography. This was accidental, according to White, and he quickly deleted the images. A year later, the FBI showed up on his family's doorstep and asked to search the computer. After thorough sleuthing, the FBI found some images 'deep within the hard drive.' According to White, the investigators agreed that he himself could not have accessed the files anymore. Matthew now faces 20 years in jail for possession of child pornography. On advice from his lawyer, he intends to plead guilty so that he will 'hopefully' end up with 3.5 years in jail, 10 years probation and a registration as a sex offender. 'The FBI could not comment on this specific case, but said if child pornography is ever downloaded accidentally, the user needs to call authorities immediately. They may confiscate your computer, but it's better than the alternative.'"

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