The U.S. Supreme Court recently heard arguments in the case of Bilski v. Kappos No. 08-964 (Supreme Court 2009). This decision could help determine whether software can be patented. The question in the lower court was whether a process can be patented. The lower court expanded its inquiry to whether or not software can be [...]
Archive for the ‘Law’ Category
Will someone please decide whether software can be patented?
Posted in Law, Supreme Court, tagged Bilski, software patents on January 16, 2010 | 1 Comment »
The NFL and antitrust, again?
Posted in Law, Supreme Court, tagged American Needle, Drew Brees, NFL, Supreme Court on January 12, 2010 | Leave a Comment »
I have to admit, I wasn’t really following this case until I read a very articulate editorial by Drew Brees, a Quarterback for the New Orleans Saints and former Austinite, in the Austin American Statesman (1-11-10 – page A7). Apparently the Supreme Court will be hearing American Needle v. NFL, Supreme Court Docket No. 08-661; [...]
Steal from the poor and give to the rich?
Posted in Law, Supreme Court, tagged condemnation, Goldstein, Kelo, Sotomayor on January 8, 2010 | 1 Comment »
On December 11, 2009, a Motion to Reargue Appeal was filed in the New York Court of Appeals (highest court in New York – like a Supreme Court in other states) in the case of Goldstein v. New York State Urban Development Corporation, No. 178 (November 24, 2009) which decision had upheld the condemnation of a number [...]
Is blogging better than going to court?
Posted in Law, tagged Apple, blogging, iPod lawsuit on January 3, 2010 | 6 Comments »
On December 30, 2009, the 9th Circuit (US District Court – Northern California) issued an opinion in the case of Birdsong, Waggoner, et. Al. v. Apple, Inc., No. 08-16641 (DC No. 5:06-CV-02280-JW) finding that even though the iPod’s ear buds can project sounds into the ears of up to 115 decibels, the plaintiffs in this [...]
Police – take note: you can no longer Taser anyone you want
Posted in Law on December 31, 2009 | 4 Comments »
On December 28, 2009, the 9th Circuit (US District Court – Southern California) issued an opinion in the case of Carl Bryan v. Brian McPherson; Coronado Police Department; and City of Coronado, No. 08-55622 (DC No. 3:06-CV-01487-LAB CAB) finding a police officer used excessive force when Tasering a young man who was stopped for not [...]
New FTC Guidelines – Bloggers and Website Owners
Posted in Law on December 24, 2009 | 3 Comments »
The FTC recently updated its Guide Concerning the Use of Endorsements and Testimonials in Advertising effective December 1, 2009 which concerns testimonials and endorsements on websites and blogs. Going forward, if you (or a user on your blog or website) represent results from the use of a product or service as typical when that is [...]
Confronting Accusers
Posted in Law on December 21, 2009 | 1 Comment »
In June, the U.S. Supreme Court ruled in Melendez-Diaz v. Massachusetts, (129 S.Ct. 2527 (2009) that prosecutors cannot introduce a crime lab report into evidence without making the analyst available at trial. Despite the fact that this ruling is only six months old, the U.S. Supreme Court has agreed to hear this issue again on [...]
COHIBA Cigars
Posted in Law on December 18, 2009 | 1 Comment »
In Empresa Cubana del Tabaco (Cubatabaco) v. Culbro Corp. and General Cigar Co., 97 Civ. 8399 (S.D.N.Y. 2009) the Federal Court in the Southern District of New York has reversed a number of previous rulings in this case and granted Cubatabaco an injuction which would effectively stop General Cigar from using the name “COHIBA” on [...]
Hello world!
Posted in Law on December 15, 2009 | 4 Comments »
As a Libertarian, I strongly believe in the rights of the individual. A recent Ohio Supreme Court decision made me smile. In State v. Smith, Slip Opinion No. 2009-Ohio-6426, the Court held that a police officer cannot search someone’s cell phone contents without a warrant unless the officer’s safety is in danger. This is an important [...]
