You are here

Free Trade Deal Could Threaten Aereo's Business Model

Ars Technica reports on the leak of draft language of a proposed free trade deal, the Trans-Pacific Partnership, between the United States and several other countries, including Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, Japan, Mexico, and Canada.

The draft's proposals include:

* imposing limitations on retransmissions of television signals on the Internet without the authorization of copyright holders (Aereo and its rival FilmOn X say their streaming services don't violate copyright law because they use individual antennas for each customer to retransmit free broadcast TV on-line);

* extending copyright law in other countries to last for the life of the author plus 70 years;

* and a six-strikes regime "that could ultimately lead to customers suspected of copyright piracy being kicked off their ISP."

Judge Rules Google's Book Scanning Project Is Fair Use

Google's book-scanning project has been ruled to be a fair use that doesn't violate copyright law, GigaOM reports.  Judge Denny Chin, who now sits on the Second Circuit, ruled that the digitization of the books did not violate the authors' copyrights because the scanning project is "'highly transformative' and because it didn’t harm the market for the original work," GigaOM also reports.

Arguments Set for Kennedy Cousin's Release in Murder Case

The Greenwich Time reports that a hearing on Michael Skakel's release from jail will be held next week. The Kennedy cousin has won a new trial after a judge ruled that he received inadequate representation by his defense lawyer. Skakel was convicted many years after teenager Martha Moxley was killed by being beaten and stabbed with golf clubs that belonged to Skakel's family.

Aloha to Same-Sex Marriage in Hawaii After Governor Signs Bill; Court Challenge Already Pending

Hawaii became the 15th state to authorize same-sex marriage with Governor Neil Abercrombie's signature on the legislation, the Los Angeles Times reports. When the bill was in the House, "deliberations lasted for several days and included a committee hearing in which 5,000 people signed up to testify for more than 50 hours, followed by hours of debate on the House floor on nearly 30 proposed amendments."

A court challenge to the same-sex marriage law is already pending. The argument is that legislatively authorizing same-sex nuptials violates a Hawaii constitutional amendment against same-sex marriage. However, Hawaii's attorney general concluded the constitutional amendment authorized legislators to ban same-sex matrimony, but that's a step they didn't take, The LA Times also reported.

City Councilman pushes back on proposed Office of Conflict Counsel

Submitted by Amaris Elliott-Engel on Wed, 11/13/2013 - 17:36

(Cross-posted from Philadelphia City Paper: http://citypaper.net/article.php?City-Councilman-pushes-back-on-proposed-Office-of-Conflict-Counsel-16885)

A City Councilman is pushing back on a plan by Mayor Nutter's administration to change how court-appointed lawyers are provided to poor Philadelphians through a new Office of Conflict Counsel.

Councilman Dennis O'Brien said in an interview today that he was planning to introduce two pieces of legislation that would provide better accountability for the proposed office. Unlike some other city contracts, O'Brien said, legal services for the poor involve Constitutional rights.

"This model does not guarantee that Constitutional rights are protected," the councilman said. "That is our mission, and we are committed to it."

The city is contemplating contracting with an ex-prosecutor who would set up a new private law firm to handle the legal representation of Philadelphians involved in family-court cases or in criminal cases when the Defender Association of Philadelphia, Community Legal Services or the Support Center for Child Advocates is already representing another person in the case.

One of O'Brien's proposed bills would require the appointment of a quality-control auditor to ensure the legal representation "is living up to national ABA [American Bar Association] standards," an O'Brien aide, Miriam Enriquez, said in a joint interview. According to the draft ordinance, the auditor would be independent of the law firm, have been practicing law for at least seven years, and an expert in indigent defense. The managing director, who works for the mayor, would nominate the quality control auditor.

The ordinance also would require a detailed audit of the allocation of city taxpayers' dollars to the law firm and how the money was spent. Disclosure of the "job titles, job descriptions, resumes and performance reviews of all owners, employees and any other person that has a financial stake in the contract" would also be required, according to the draft legislation.

A second bill would ask Philadelphia voters to approve a change to the Philadelphia Home Rule Charter (once approved by City Council) next May. If enacted, the charter amendment would require City Council approval of every contract involving the expenditure of $100,000 or more on legal representation for poor Philadelphians. Currently, contracts that are for less than one year, at any amount, don't need City Council approval.

Mark McDonald, Nutter's press secretary, declined to comment because the legislation has not yet been introduced.

O'Brien's chief of staff, Matthew Braden, said that the legislation was being introduced because Nutter and his chief of staff, Everett Gillison, did not seem willing to alter course on the conflict counsel contract after a meeting with O'Brien and his aides last month

The meeting was held after City Council convened a hearing in October on the plan to go to the new model

 

 

College Athletes Get Class Action Status to Sue Over Their Right of Publicity

The Recorder reports that student athletes have been certified as a class to challenge the National Collegiate Athletic Association's rules that require collegiate athletes to sign away their rights of publicity.  That would include the right to license their names and likenesses for use in videogames and on television. However, the presiding California federal judge did not certify the athletes who were seeking to recover money damages.

When You Don't Want Your Case to Go to the U.S. Supreme Court

The Washington Post's Robert Barnes writes about the litigants who don't want their cases to go the U.S. Supreme Court because they won below. Or because they are worried about how the general-knowledge justices might change legal doctrine in their particular area of law. "For every prayer sent up by a losing party appealing a case, there is a winner who hopes — and sometimes, works hard to ensure — that it goes unanswered," Barnes writes.

A Century Later, Regulations Finally Finalized For Buy Indian Act

In 1910, President Taft signed the Buy Indian Act into law, The Washington Times reports. The law requires the Interior Department's Bureau of Indian Affairs to give preference to American Indian-owned businesses in awarding contracts and funding. But the Interior Department only just approved the rules that will enforce the legislation, The Washington Times further reports. As a result of the law, an estimated $45 million would go to American Indian-owned and -operated businesses each year.

(I wonder how many other laws never had their implementing regulations put into place.)

Small Dronemakers Beg For Regulation

sUAS News, a blog that follows news on small unmanned aerial systems (or drones), opined last week that "it is rare that industries come to Washington begging for more regulation. But that is how we in the unmanned systems business find ourselves with respect to small unmanned aerial systems (SUAS). A notice of proposed rulemaking (NPRM) has been on the shelf for years. We need to move forward before a serious accident occurs."

Rulemaking for small drones might finally be moving ahead. The Federal Aviation Authority just announced a roadmap for the integration of  private drones into America's airspace. The roadmap takes on important issues like privacy, civil liberties and national security.

Pages

Subscribe to Cultivated Compendium RSS