decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
The Drug Enforcement Administration can't afford 20 harddisks? | 154 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Lawyer ordered to pay $4.5M to gay U-M student - who's going to pay ?
Authored by: Anonymous on Sunday, August 19 2012 @ 03:15 PM EDT
Could Christopher Armstrong go after the state of Michigan for the award since
Andrew Shirvell was a state employee at the time?

Or would Armstrong first have to prove that Shirvell was on state business when
he made the remarks and posts?

[ Reply to This | Parent | # ]

Private Prosecutions by the **AA
Authored by: Anonymous on Sunday, August 19 2012 @ 10:54 PM EDT

From the article: private justice with Hollywood money, I'm still not clear on what this poor fellow did wrong. Wikipedia has an article on private prosecutions.

I can't quite see how a legal activity done in the absence of a co-conspirator becomes fraud. I mean, if an unlicensed trade does electrical wiring on people's houses, I'm not sure how that constitutes a fraud against legal electricians. The interpretation of the law seems a bit of a stretch.

This should be a good case on appeal. However, I'm not sure this poor guy can afford the type of legal representation required to compete against the **AA.

[ Reply to This | Parent | # ]

Oracle, slowly strangling MySQL
Authored by: Anonymous on Monday, August 20 2012 @ 01:14 PM EDT
http://techcrunch.com/2012/08/18/oracle-makes-more-moves-to-kill-open-source-mys
ql/

"Oracle is holding back test cases in the latest release of MySQL. Itís a
move that has all the markings of the companyís continued efforts to further
close up the open source software and alienate the MySQL developer community.

The issue stems back to a recent discovery that the latest MySQL release has bug
fixes but without a single one having any test cases associated with it. That
creates all sorts of problems for developers who have no assurance that the
problem is actually fixed."



Don't tell us you were surprised.

[ Reply to This | Parent | # ]

Alsup censuring Google over paid journalist filing
Authored by: Anonymous on Monday, August 20 2012 @ 02:39 PM EDT
Or so the verge is reporting. Does anyone have anything
on this yet?

There seem to be few details, but it seems he wasn't
happy with their filing.

[ Reply to This | Parent | # ]

The Drug Enforcement Administration can't afford 20 harddisks?
Authored by: Anonymous on Monday, August 20 2012 @ 03:13 PM EDT
The is a story at http://www.slashdot.org
(http://yro.slashdot.org/story/12/08/20/1535254/dea-lack-of-data-storage-results
-in-dismissed-drug-case)

where a clueless U.S. attorney wants to dismiss a case of a man indicted in 2007
on charges of illegally selling prescription drugs.

The reason? The case has now amassed a staggering 2TB data, which allegedly make
up 5 % of the DEA's world-wide electronic storage capacity.

2TB is 5 %? Then 20 cheap harddisks of 2 TB at less than $100 a piece would be
less than $2,000 in total. For good SSD harddrives a lot more, but still within
reach for DEA, at least for major case like that.

Very strange. I hope I missed something here.


[ Reply to This | Parent | # ]

1756 - Burnís Justice of the Peace: ďa woman can not conceive unless she doth consentĒ
Authored by: Anonymous on Monday, August 20 2012 @ 03:59 PM EDT
The 1756 edition of Burnís Justice of the Peace, the standard guide for English magistrates, cites authorities back to the Institutes of Justinian to the effect that ďa woman can not conceive unless she doth consent.Ē It does, however, go on to point out that as matter of law, if not of biology, this doctrine is dubious.

Another writer argued that pregnancy ought to be taken as proof of acquiescence since the fear, terror, and aversion that accompany a true rape would prevent an [redacted] from occurring and thus make conception unlikely.

Cory Doctorow, Boing Boing

[ Reply to This | Parent | # ]

Congress Takes Aim at 'Patent Trolls' With SHIELD Act
Authored by: Anonymous on Monday, August 20 2012 @ 04:13 PM EDT

Congress Takes Aim at 'Patent Trolls' With SHIELD Act

Well that is a step. Can we suggest more?

I don't know if it is possible legally, but if it is I would suggest that every deal that mentions patents, protection against patents, licenses for patents should become renegotiable every time a patent is found invalid that was owned by one of the parties. Whatever the deal says.

The party owning that patent would have to readopt the past, I mean pay back the negotiated amount unless it really can prove to have properly calculated the risk that prior art would exist and have acted accordingly. (Like organised better searches, adapt licence prizes, etc.) You have to do something if you want to pose as an inventor or his replacement.

Search for prior art by a party requested to pay for a patent license should be payed back if it is successful or if, as a result, it can be shown that the search for prior art by the patent owning company was not properly done, like obvious places where not checked.

Perhaps we should think at some kind of class action about the validity of the patent, in one place, where every potential accused party can join limiting legal costs and legal time. The patent holder should submit a list of every company it is looking at. (And losses the possibility to sue the companies not mentioned in the list unless it can show it could not have known of possible infringement.) And a fast procedure in first instance over possible infringement, once the patent is declared valid.

I think this would stop the described troll behavior. This without trowing out the software patent idea, what I would prefer, but only punishing bad behavior of the patent owning company, as it was found by the congressmen.

[ Reply to This | Parent | # ]

News Picks Threads
Authored by: Anonymous on Monday, August 20 2012 @ 06:08 PM EDT
Judge Alsup: Google didn't comply with blogger disclosure order in Oracle trial.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )