Hey! Justin Bieber is our national treasure! Along with Pamela Anderson and universal healthcare available at all times. On the second thought, strike that last one...
Sadly, this is not a complete exception. In the province of Québec it is illegal to publish a picture of a person without that person's permission as it would violate the subject's right to privacy. Though the original case concerned a hardcopy publication (like a magazine), it would still hold true for photo sharing sites like Flickr. http://en.wikipedia.org/wiki/Aubry_v._%C3%89ditions_Vice-Versa_inc.
Si if you're in Quebec and decide to take a picture of a goofy looking person, think again...
Here's a thought. Someone will eventually compare the original edition with the new edition and will be able to tell EAXCTLY which information the DIA was trying to supress...
Dick Fuld is one greedy fella. The same thing that happened to Bear Sterns could have happened to Lehman Brothers but Dick Fuld preferred to wait (to the point of at one time missing a deadline for filing for bankruptcy) for the gouvernement to give him loads of cash. He thought he was special and deserved special treatment (still does, by the looks of this new testimony). He is the most shameless of all WS bankers and that says a lot!
[...]there's such a thing as common law trademarks for those who used the mark first -- but, again, I'm not quite sure how that works in France.
There is no common law in France. They have Civil Code (or, Code Civil in French). It's quite different. As has been covered numerous times on this blog, the French legal decisions often do not make sense to us. This is why. The Napoleonic code's (that is where it comes from) entire legal doctrine is quite different.
On a side note, the most hilarious application of Code Civil is in Québec, Canada. So basically one Judicial system exists in Canada but in Quebec Code Civil is applied and in the rest of Canada common law is applied. Which makes searching for precedents so much more interesting.
Ladies and gentlemen, members of Congress, presented for you consideration is "Freedom for Consumer Choice Act (FCC Act)" brought to you by AT&T - Rethink Possible. ;-)
This pretty much follows what Canadian courts have generally done. There are no enormous sums of money awarded to plaintiffs as the standards of proof required are quite high. The lady who spilled the hot coffee on herself was awarded ridiculous amount of money from McDonald's. Yet the guy in Windsor, ON who found a fly in a water bottle and, as a result, suffered "psychiatric illness that was debilitating and had a significant impart on his life" (The Star) was at the end awarded nothing and has to pay the defendants' legal costs for the proceedings in the Ontario Court of Appeals and the Supreme Court of Canada.
The $64,000 question is: if the various lobbying groups/collection societies have their way with the new infringement/DMCA/copyright/etc., would the legal tests of proof of damages be changed? If it remains the same, then even with the new rules, the labels and studios and such would still be limited by the requirement to prove the actual damages. In order for them to at least break even on their lawsuits, they would need to set the minimum statutory damages at a VERY HIGH level.
Though he didn't lie about the Purple Heart, Richard Blumenthal is still in the race for the Senate seat. So it didn't seem to hurt him that badly though it still remains to be seen how the election goes...
On the post: Rep. Darrell Issa Worried That Strict Copyright Laws Are Stifling Competition And Innovation
Beware what you wish for...
On the post: Man Arrested In India For Photographing Woman In A Public Place & 'Insulting Her Modesty'
Re: Re: Re: Re: Re: Re: my experience
On the post: Man Arrested In India For Photographing Woman In A Public Place & 'Insulting Her Modesty'
Yep...
http://en.wikipedia.org/wiki/Aubry_v._%C3%89ditions_Vice-Versa_inc.
Si if you're in Quebec and decide to take a picture of a goofy looking person, think again...
On the post: Pentagon Buying Up All Copies Of A Book It's Not Happy About
The truth is out there
On the post: Lehman Brothers ex-CEO Wants Everyone To Know That It Was Everyone Else's Fault Lehman Failed
Worst of the worst
On the post: Ohio Senator Introduces Bill That Would Let Ex-Convicts Try To Erase Online Information About Their Arrest
Coincidence?
On the post: Another Embarassment For French 'Three Strikes' Agency... As Someone Beats Them To Filing For Trademark
Common law
There is no common law in France. They have Civil Code (or, Code Civil in French). It's quite different. As has been covered numerous times on this blog, the French legal decisions often do not make sense to us. This is why. The Napoleonic code's (that is where it comes from) entire legal doctrine is quite different.
On a side note, the most hilarious application of Code Civil is in Québec, Canada. So basically one Judicial system exists in Canada but in Quebec Code Civil is applied and in the rest of Canada common law is applied. Which makes searching for precedents so much more interesting.
On the post: Another Embarassment For French 'Three Strikes' Agency... As Someone Beats Them To Filing For Trademark
Re: Sunglasses Oakey,coach,gucci $12
On the post: Town Shuts Down Pinball Hall, Because Pinball Was Deemed Evil In the 1960s [Update]
CNN
On the post: Copyright Getting In The Way Of Historical Realism On Mad Men [Updated]
The harm
On the post: Russian Court Orders YouTube Blocked
Re: Re: Re: Re: Okay, whatever
On the post: Funny How All The Senators Supporting Anti-FCC Bill, Have Raised Lots Of Money From AT&T
Senator who?
All vote for Alvin Greene!!!
On the post: Funny How All The Senators Supporting Anti-FCC Bill, Have Raised Lots Of Money From AT&T
Re: Re:
On the post: Copyright Lawsuit Plaintiff Demands $27 Million; Gets $500
Damages awarded
The $64,000 question is: if the various lobbying groups/collection societies have their way with the new infringement/DMCA/copyright/etc., would the legal tests of proof of damages be changed? If it remains the same, then even with the new rules, the labels and studios and such would still be limited by the requirement to prove the actual damages. In order for them to at least break even on their lawsuits, they would need to set the minimum statutory damages at a VERY HIGH level.
On the post: Copyright Lawsuit Plaintiff Demands $27 Million; Gets $500
Damages awarded
On the post: Judge Says The First Amendment Protects You If You Lie About Receiving A Purple Heart
Credibility
On the post: Man Fined $400 For Impersonating A Moron
Re: Re: Re: Question:
On the post: Man Fined $400 For Impersonating A Moron
Yay!
On the post: Man Fined $400 For Impersonating A Moron
Re: Question:
On the post: NSA Hooking Up Ominously Named 'Perfect Citizen' To Watch The Internet
A perfect name choice?
I guess they didn't want to be sued for copyright infringement and get a DMCA for using the name "Big Brother"...
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