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US attorney calls for reform after latest in long line of Oklahoma sheriff scandals

A small-town sheriff and his top deputy kept close watch over a lonely stretch of interstate in eastern Oklahoma, looking for drug couriers to fleece.


 
Attorney General takes over case against lawyers - Appeal-Democrat
The prosecution of two Yuba-Sutter attorneys charged with obstruction of justice and trying to bribe a witness in a sexual assault case has been taken over by the state Attorney General's Office. Yuba County Deputy District Attorney John Vacek made ...
 
ASCAP Wants To Be Paid When Your Phone Rings

ASCAP (the same folks who went after Girl Scouts for singing around a campfire) appears to believe that every time your musical ringtone rings in public, you're violating copyright law by "publicly performing" it without a license. At least that's the import of a brief [2.5mb PDF] it filed in ASCAP's court battle with mobile phone giant AT&T.

This will doubtless come as a shock to the millions of Americans who have legitimately purchased musical ringtones, contributing millions to the music industry's bottom line. Are we each liable for statutory damages (say, $80,000) if we forget to silence our phones in a restaurant?

ASCAP's outlandish claim is part of its battle with major mobile carriers (including Verizon and AT&T) over whether ASCAP is owed any money for "public performances" of the musical ringtones sold by the carriers. The carriers point out that the owners of the musical compositions (i.e., songwriters and music publishers) are already paid for each ringtone download, but ASCAP claims that it's owed another royalty for the "public performances" (i.e., ringing in a restaurant) of those same ringtones.

Fortunately, ASCAP is wrong. Even if the incidental mobile phone playback of a short snippet in a public place were viewed as a "public performance" (something no court has ever held, and that would also put you in jeopardy for playing your car radio with the window down), the Copyright Act has a specific exception, 17 U.S.C. 110(4), that covers performances made "without any purpose of direct or indirect commercial advantage." That should take care of ringtones going off in the restaurant.

Confronted with Section 110(4), ASCAP makes an even more dangerous and wrongheaded argument -- that the carrier cannot "stand in the shoes of its customer" when asserting a copyright defense like Section 110(4). In other words, because AT&T is in the ringtone business for the money, it's on the hook even if the customer isn't.

To appreciate how anti-consumer this argument is, consider what it would mean in practice. Congress has decided that many activities should be beyond the reach of copyright law, including not only the performances covered by Section 110(4), but also fair use and first sale, among other things. It's thanks to these exceptions and limitations that libraries can lend books, you can use a TiVo, and Apple can sell iPods to help you get the most from your CD collection. ASCAP is arguing, however, that just because you can't be held liable for copyright infringement for these things, a copyright owner could still sue any technology company that helps you enjoy your rights under copyright law.

Fortunately for consumers, ASCAP's theory is foreclosed by the Sony Betamax ruling, where the Supreme Court held that because it's a fair use for you to time-shift TV, it's also perfectly legal for Sony to sell you a VCR to do it. Sony did not have to run a second fair use gauntlet for its commercial VCR-selling business.

In short, if there's no infringement liability for the customer, there can be no secondary liability for the carriers. (ASCAP also has a theory that the carriers are direct infringers because they set up the system that causes phones to ring in public, but that theory is pretty handily wiped out by the recent Cablevision ruling, where the court found that setting up a "remote DVR" service doesn't make you a direct infringer when your customers use it.)

Or, put another way, if it's noninfringing for you, it's also noninfringing for a technology company to provide you with the means to do it.


 
Fort Worth attorney elected to lead state bar says helping others has ... - Fort Worth Star-Telegram
FORT WORTH — Roland Johnson says his parents imparted a simple philosophy that has shaped his 30-year legal career. "They said, 'Find your own passion and do the best you can at that,’ " said Johnson, a Fort Worth attorney who will be sworn in ...
 
The lawyers respond
Jackie Matza's attorneys, David Libai, Daphna Libai and Navot Tel-Zur, issued a statement yesterday on behalf of their client: "We regret that the prosecution is sticking to its odd legal position that states the cabinet's legitimate and fitting appointment of Matza as Tax Authority head constitutes him taking a bribe.
 
Jackson's mother granted temporary guardianship of children
The mother of the late pop star Michael Jackson is seeking legal guardianship of his three children, documents indicate.
 
Navigating New Waters: Working with a Legal Secretary
Effective communication, mutual respect are critical in forging successful working relationship.
 
Jackson doc’s attorney: Lengthy delay calling 911 - Las Vegas Sun
It took up to a half-hour for paramedics to be called to Michael Jackson's home after the singer was found stricken in the bedroom of his rented mansion, an attorney for the firm representing the pop icon's doctor said Monday. Matt Alford, a partner ...
 
Courts may decide who controls Jackson's estate - Reuters India
LOS ANGELES (Reuters) - Michael Jackson's family took steps on Monday to become guardians of his children and take control of his multimillion dollar estate, but lawyers said they could face protracted legal battles. Jackson's mother, Katherine, won ...
 
Michael Jackson family can't find his will
A legal battle over Michael Jackson's estate is looming after his family lawyer, L. Londell McMillan, said they could not locate his will.
 
Stuart attorney Willie Gary to represent mother, daughter in fatal D.C ... - Fort Pierce Tribune
STUART — Famed attorney Willie Gary is taking on the Washington Metropolitan Area Transit Authority for a mother and daughter who claim they suffered severe and painful injuries in last week’s multiple-fatal train crash outside the Washington, D ...
 
Jackson doctor 'not a suspect' in death inquiry - yorkshirepost
Police in Los Angeles have interviewed Michael Jackson's personal doctor, Conrad Murray, who was with the singer when he died. Dr Murray's lawyer said he was "in no way a suspect". She said Dr Murray, accompanied by his attorney Ed Chernoff, spoke to ...
 
Letter: Taylor Jones lauded for his work in crafting Georgia's legal malpractice law
Taylor W. Jones retired from the practice of law this month after 47 years in practice.
 
Accident Lawyer Jacksonville
Donald Guthrie is well known Jacksonville Accident Attorney, Personal Injury Lawyer and Auto Injury Attorney Jacksonville Florida – offer legal attorney service for Car / Auto Accident, Wrongful Death & Personal Injuries from Jacksonville, North Florida area. For More information Visit us at: www.jacksonville-AccidentAttorney.com
 
Morgan & Morgan Attorneys Scott Weinstein and Keith Mitnik Named ... - Transworld News
Morgan & Morgan is pleased to announce that civil trial lawyers Scott Weinstein and Keith Mitnik have been named to the list of 2009 Florida Legal Elite attorneys. Last October, Florida Trend invited in-state members of the Florida Bar to participate ...
 
African plan to keep vulture funds at bay
The African Development Bank launched a legal support organisation on Monday designed to level the playing field for cash-strapped African states negotiating complex commercial transactions or facing litigation by vulture funds.
 
Supreme Court to hear case on NFL licensing - Chicago Tribune
WASHINGTON -- In taking a case involving the National Football League 's exclusive licensing deal for sports merchandise, the Supreme Court could go beyond caps and give leagues more leeway in areas such as team relocation, legal scholars said Monday ...
 
Judge issues gag order for mayora s trial
While Mayor Pat M. Ahumada Jr., his attorney and a state prosecutor were ordered not to talk about the mayor's check scandal Monday, he looks forward to the "end of this chapter" of his life where he faces criminal charges.
 
Government faces environmental legal challenge over RBS - WDM
The World Development Movement, PLATFORM and People & Planet have today launched legal action against the Treasury for allowing public money, poured into the Royal Bank of Scotland to be invested in energy companies, and projects linked to climate ...
 
African plan to keep vulture funds at bay
The African Development Bank launched a legal support organisation on Monday designed to level the playing field for cash-strapped African states negotiating complex commercial transactions or facing litigation by vulture funds.
 

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Press Releases :: Legal and Attorney Related

Providence Attorney Shares Tips to Keep Rhode Island Bicyclists Safe

As riders take advantage of longer summer days for cycling, Providence lawyer Mark W. Gemma offers suggestions for keeping safe on Rhode Island roads. (PRWeb Jun 6, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2501544.htm


 
SC Lawyer Offers Safety Tips for Boating Season

Increase in boating activity also means more accidents and injuries, says South Carolina lawyer Bert Louthian. (PRWeb Jun 6, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2501584.htm


 
DIA 45th Annual Meeting Features Sessions Highlighting Wyeth v. Levine and Pandemic Influenza

Two timely sessions at the DIA 45th Annual Meeting reflect the state of today's global biopharmaceutical environment. (PRWeb Jun 6, 2009)

Read the full story at http://www.prweb.com/releases/DIA/45th_Annual_Meeting/prweb2502964.htm


 
Schillings Announce the Launch of the Schillings Academy

Schillings has announced the launch of the 'Schillings Academy' to mark the firm's 25th anniversary (PRWeb Jun 6, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2499324.htm


 
More Than 30 Scholars from Across the Globe to Debate Future of Intellectual Property in Digital Age

In response to the many complex issues relating to information and ownership in the digital age, Iona College will host its inaugural Conference on Intellectual Property (CIP) from June 12-13, 2009. The conference, which will feature more than 30 scholars from Africa, Asia, Europe and North America, is open to the public and will explore intellectual property in a cross-disciplinary setting, as both a concept and as a reality in numerous academic and professional fields. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2500734.htm


 
Consultwebs.com Releases New Video on Law Firm Marketing Associations

Dale Tincher, CEO of Consultwebs.com, Inc., a leading law firm Web consulting company, says marketing groups can lead to increased revenues and referrals for participating attorneys. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2501474.htm


 
United Law Group Donates $15,000 to Organization Rebuilding Bomb Shelters in Israel

United Law Group made the first of several planned donations to Tikvat Am Yisrael. The Costa Mesa, CA based organization rebuilds private communal bomb shelters in Nahariya, a town located in the northern region of Israel. The United Law Group-sponsored shelter will house more than 60 men, women and children from this region in the event of an attack. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/United_Law_Group/Tikvat_Am_Yisrael/prweb2502614.htm


 
Verrill Dana Introduces Probate Litigation Group

Group brings wealth of experience to help clients with complex probate matters (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2501254.htm


 
Online Job Scam Alert: FlexJobs Warns of New Phishing Scam Targeting Jobseekers

FlexJobs is warning all jobseekers to be cautious of scammers using email phishing scams to prey upon jobseekers. There is a new one that involves asking jobseekers to fill out a credit report in order to get to the final interview stage for a job. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/job/scam/prweb2501944.htm


 
Litigation Firm Begins Handling Defective Child Safety Seat Cases

Nationwide law firm commits energy and resources to combat defective safety seats. With the number of injuries to children growing in auto collisions, one law firm suggest that poorly designed safety seats are to blame. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2495474.htm


 
Forensic Analysis of Trace Evidence with the QDI 2010 Forensic Microspectrometer

The QDI 2010 Forensic™ microspectrophotometer specifically designed for forensic analysis of trace evidence. (PRWeb Jun 5, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2497564.htm


 
American Security Firm Nexus Consulting Says "We Have Seen First Hand that Armed Security is an Effective Deterrent Against Piracy"

Comprised of the most elite, highly-trained specialized former United States military and special operatives, the Nexus Solution is effective in the protection of US crew and cargo in the stream of global commerce (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/maritimesecurity/nexus/prweb2498414.htm


 
Eltman, Eltman & Cooper: The Nation's Leading Judgment Enforcement Firm

Firm Gets Results with Advanced Analytics, Law Experts, Elite Enforcement Processes (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/eltman/cooper/prweb2307304.htm


 
Personal Injury Law Firm Martin, Harding & Mazzotti and Schenectady County Sponsor Free Bicycle Safety Event Saturday, June 6, 2009

This weekend, Martin, Harding & Mazzotti, in partnership with Schenectady County, hold Free Bike Safety Day to help children with bike safety and to learn proper bicycle maintenance. (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/personal_injury_law/albany_new_york_ny/prweb2494504.htm


 
Top 10 Tips for Keeping Staff Happy and Business Booming in a Recession

Chicago Attorney Jeff Kroll Offers Practical Advice (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2496454.htm


 
Joseph, Greenwald & Laake To Receive National Award For Pro Bono Service

FIrm recognized for helping Maryland Homeowners Facing Foreclosure (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2496604.htm


 
Medical Malpractice Litigation and the Impact of the New Federal Patient Safety Act June 10, 2009 Webinar Announcement

Clarity Group, Inc. announces June 10 Webinar on the impact of the Patient Safety Act on Medical Malpractice Litigation (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2497014.htm


 
New Rules to Restrict Predatory Consumer Credit Practices - Lexington Law® Highlights a Big Win for Consumers When It Comes to Maintaining Healthy Credit

A new set of rules have been signed into law which will restrict some of the more predatory practices of credit card issuers starting mid-2010. Under these rules, credit card issuers will no longer be able to raise interest rates on existing credit card balances without justification. Cardholders will need to be 60 days behind on a payment before issuers can increase rates on exiting balances, and even then, credit card issuers will be required to restore previous rates if a cardholder pays the minimum payment on time for six months. (PRWeb Jun 4, 2009)

Read the full story at http://www.prweb.com/releases/creditrepair/LexingtonLaw/prweb2497264.htm


 
TCN Inc. is Pleased to Announce this Month its Commemoration of 10 Successful Years of Business

On the heels of the fantastic reception P3, Agent Gateway and the web-based Predictive Dialer have received in key verticals, TCN looks forward to another decade of innovation and successful business, maintaining always the maxim that has brought the company so far: client-centric development. (PRWeb Jun 3, 2009)

Read the full story at http://www.prweb.com/releases/2009/06/prweb2486854.htm


 
Lemon Law Firm Works with Chrysler, Fiat Attorneys to Guarantee Consumer Warranty Rights to Chrysler, Dodge and Jeep Owners, Lessees

Sales Agreement Initially Created Confusion As To Whether Consumers Would Receive Protection Under Manufacturers Warranty; Now Revised to Protect All Present and Future Drivers (PRWeb Jun 3, 2009)

Read the full story at http://www.prweb.com/releases/lemon_law/Chrysler/prweb2492794.htm


 

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