Bob Dowling’s Comments

• Jan 22nd, 2014 @ 6:47am

  Medical licensing

  on Man Subjected To Multiple Rectal Searches And Enemas By Police Officers Receives $1.6 Million Settlement
  In the UK the licence to practice medicine is managed by the General Medical Council who can and do withdraw the licence from doctors who perform unethically. There is a formal process called "fitness to practice" which the GMC can invoke to withdraw a licence. One of the grounds under which a doctor can be found unfit to practice is a "doctor has abused a patient’s trust or violated a patient’s autonomy or other fundamental rights."
  
  What is the state or federal equivalent in the USA? Can the doctors be reported to it?
  
  Fitness to practice (UK): http://www.gmc-uk.org/guidance/21721.asp
• Dec 5th, 2013 @ 2:39am

  Re: Appeals

  on Appeals Court Considers Overturning Ruling That APIs Can't Be Covered By Copyright

  The ruling would have to be pretty contentious for that to happen...

  
  
  I think this would count as contentious. Alsup worked very hard on his ruling and given the amici that addressed his court I think there would be some very vocal agitation by some very rich corporations.
• Aug 23rd, 2013 @ 2:32am

  Contract renewal is key

  on No, There Hasn't Been A Big Shift Away From US Datacenters... Yet
  As has been commented on above, companies can't just drop everything.
  
  However, when contracts come up for renewal, or new contracts are being allocated, you can expect European lawyers to be urging extreme caution about moving services outside the EU. The EU (the UK especially) is not perfect, but it's at least a partial risk mitigation.
• Jul 31st, 2013 @ 5:14am

  The iTunes excuse

  on Australian Government Committee Suggests Circumventing Geo-blocking To Combat High Software Prices
  I've not read the entire document but when Apple claimed the copyright holders were responsible for the differential pricing did the panel drill down and ask the copyright holders why? (Even just to validate the story told?)
• May 31st, 2013 @ 5:35am

  Re: Video from security cameras

  on New Zealand High Court Orders Kiwi Police & FBI To Return Seized Hard Drives To Kim Dotcom
  When the hard drives are returned I expect this footage will have been "accidentally deleted". (And overwritten a half dozen times just to be sure.)
• Mar 14th, 2013 @ 4:33am

  Re:

  on Transcripts Of John Steele's Phone Calls To Alan Cooper
  Oh, it will be used as an example, all right.
  
  Trouble is, if they aren't slapped down very hard indeed then it will be used as an example of “look how much you can misbehave and still get away with it”.
  
  I still have visions of the judge passing a case to the DOJ who drop the ball, or referring them to their respective Bar Associations who deliver only mild slaps on the wrists.
  
  What can the judge do entirely by himself?
• Sep 20th, 2011 @ 12:04am

  Limitation of liability may not apply

  on If Righthaven Declares Bankruptcy, Expect Lawyers To Go After Stephens Media, Media News, And Righthaven Principals
  The reason LLCs put LLC after their names is to inform principals choosing to enter contract with them that they are protected by liability limitations. If I choose to buy a fridge from an LLC and it goes BK after taking my money I know that I have a low chance of getting my money back. And I knew that when I chose to give them my money.
  
  Righthaven went after people without giving them any choice. The sued parties never had an option of "shall I be sued by an LLC or another sort of company". I think the limitation of liability may not apply here.
  
  (Certainly I think it should not apply but that's just me.)