Viacom Ups Ante In YouTube Copyright Spat: Google More Than A Mere Enabler
Viacom Ups Ante In YouTube Copyright Spat: Google More Than A Mere Enabler — washingtonpost.com Cynthia Brumfeld noticed that Viacom actually raised the stakes in a recently (.pdf) amended complaint from April. In addition to pointing out that YouTube hosts all kinds of copyrighted content, the company emphasizes that YouTube is guilty of public performance of such content due […]
Analysis of Same-Sex Marriage Opinion in California
Balkinization — Grading the California same-sex marriage opinion: The California Supreme Court’s opinion is distressingly conclusory. It combines a tortured and probably unsalvageable substantive due process analysis with a strange, ultimately barely successful equal protection argument. If it is persuasive, it is barely so. Law professors are grumpy people who care less about whether you’ve argued the right […]
Defense Department Jettisons Charges Against '20th Hijacker'
Law Blog — WSJ.com : Defense Department Jettisons Charges Against ‘20th Hijacker’: On the Gitmo front, the last several weeks have brought the Bush administration a series of legal defeats. First, Gitmo’s former chief prosecutor turned against the Pentagon, testifying that political interference had tainted the military commissions, set up to prosecute detainees. Then a key legal adviser to […]
Copyright's Paradox: a book by Neil Netanel
Neail Netanel writes on The Volokh Conspiracy: The paradox referenced in my book’s title is that copyright serves both as an “engine of free expression” and silencer of free expression. Copyright law provides a vital economic incentive for the creation and distribution of much of the literature, commentary, music, art, and film that makes up our […]
National Security Letters and the Internet Archive
Deven Desai writes in Concurring Opinions: Wired reports that the FBI subpoenaed the Internet Archive and demanded that Brewster Kahle (the Archive’s founder) provide records about one of the library’s registered users, asking for the user’s name, address and activity on the site. The FBI used a National Security Letter (example) to make the request. As Wired explains this […]
Sprint, Clearwire and WiMax
The New York Times writes: A who’s who of technology and telecommunications companies announced Wednesday that it intended to build the first of a new generation of nationwide wireless data networks. The consortium includes a disparate group of partners: Sprint Nextel, Google, Intel, Comcast, Time Warner and Clearwire. The partners have put the value of the deal […]
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives from Brian Tamanaha at Balkinization, quoting from Judge Posner’s new book, How Judges Think: This politically conservative response (“originalism” or “textualism-originalism”) — which under different conditions could be a liberal response but is more congenial to conservatives because of its evocation of an […]
F.B.I. Raids Office of Special Counsel - New York Times
F.B.I. Raids Office of Special Counsel — New York Times: The office of the official responsible for protecting federal workers from political interference was raided by F.B.I. agents on Tuesday as part of an investigation into whether he himself mixed politics with official business. The raid took place at the office of Scott J. Bloch, the head […]
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