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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.

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Appeals court puts 1st Amendment over public health
Authored by: Anonymous on Friday, December 07 2012 @ 10:14 PM EST
An appellate panel clears a man who pitched a drug for an unapproved use for it, saying he had a free-speech right to promote other uses. It's a blow to the FDA.

[...]

FDA rules are there for a reason, and that reason is to protect public health.

Drug companies have everything to gain by being able to sidestep regulatory oversight. The rest of us gain nothing.

David Lazarus, Los Angeles Times

[ Reply to This | Parent | # ]

Saying ‘Labels Matter,’ Judge Permits Law School Alumni Suit Over Job Stats
Authored by: Anonymous on Friday, December 07 2012 @ 11:15 PM EST

Interesting case where a judge ruled against an attempt for a summary judgement ruling by a Law School to get a case tossed out of court. The Law School is accused of misrepresenting the possible earnings and chance of landing a job for graduates.

PJ, I know you are up to your ears in alligators, but I think this could be an important case. Depending upon how it plays out, it might impact on End User License Agreements.

Too bad no one has yet attempted a case against Microsoft for mislabeling a version of their Operating System as 'Professional'

Saying ‘Labels Matter,’ Judge Permits Law School Alumni Suit Over Job Stats

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

OT here
Authored by: Anonymous on Saturday, December 08 2012 @ 02:26 AM EST
I do have to wonder why Apple is going to the extra expense of building a
production line in the US, and they have already stated that one of their
product lines will be assembled in the US.
Of course Apple are spinning it as boosting the US economy, but I really do not
believe they are so altruistic. Far from it: they wouldn't throw that kind of
money about not to see some kind of business advantage in it.
What if Samsung or Motorola were successful in the ITC? A ban on importing
iPhones and iPads (amongst others) would *really* hurt Apple. The easy way of
getting about that? Build them in the US. Are Apple really that scared of the
cases currently before the ITC? Perhaps.
Of course, as I understand, the plant is only putting out iMacs at this stage.
But what if this was just a trial, to see if production really could be moved to
the US (in the situation of an ITC loss)?

[ Reply to This | Parent | # ]

Video of Judge Koh
Authored by: Anonymous on Saturday, December 08 2012 @ 03:27 AM EST

I found a short (7 - 8 minutes) video on Youtube of Judge Koh which is an excerpt from when she was promoted as a judge. It's not directly relevant to this case, but I think it is of interest to anyone who is wondering what she is like. The technical quality of the video is very poor, and you will have to turn the sound up to hear anything. However, at least the video is fairly short.

Youtube: Judge Lucy Koh Senate Hearing Judicial Nominee

Youtube being Youtube, I would ask that everyone ignore the comments on the Youtube site and not bring them here. They are more or less what we would expect from the bunch of 13 year olds which you see commenting on most videos there.

I would suggest listening to the video twice. I did so, and I got a different impression the second time than I did the first. My impression of her is as follows.

She is intelligent as well educated, but you would expect that from a judge.

She seems very eager (even over-eager) to please. She evidently wants the job quite badly and seems afraid of not getting it if she offends the wrong person.

She doesn't handle pressure well. She evidently anticipated the question (from the bit of waffling she does before her answer, she apparently expected this statement from her past to come back to haunt her) and has a prepared answer. However there is a long pause before giving it. It comes across (to me) as uncertainty rather than sagacity. She is being grilled by a politician, who ought to be good at putting pressure on people, but as someone who dealt with other lawyers on a regular basis she ought to be used to overbearing personalities.

The last point may be relevant to how she is reacting on this case. It's a high profile case with a lot of money involved, and she may not be used to having her actions under such a public microscope rather than just a few lawyers and her fellow judges knowing what she did. If she has an inherent aversion to confrontation or criticism, then she be looking for some way out of the situation without having to do anything too controversial. That is not to be in this case however. Neither Samsung nor Apple are going to give up without a fight.

However, take my opinions with a grain of salt. We don't have this sort of political grilling of judges in my country, so I don't have any standard of comparison for what is "normal". She was appointed however, so I suppose she must have made a good impression on someone.

[ Reply to This | Parent | # ]

'Open source' pop star
Authored by: Anonymous on Saturday, December 08 2012 @ 09:21 AM EST
Quite an inspiring read on Wired about the virtual pop star Ha tsune Miku.

I found it particularly interesting to read about the real life jobs and products created by fans..

[ Reply to This | Parent | # ]

  • Thanks - Authored by: Gringo_ on Sunday, December 09 2012 @ 11:27 PM EST
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