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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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Nokia joins Apple to secure injunction against Samsung | 228 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Microsoft has been fined 561 million euros
Authored by: Anonymous on Wednesday, March 06 2013 @ 06:59 AM EST
Microsoft fined in Europe for not offering browser choice. Microsoft has been fined 561 million euros ($731m; £484m) for failing to promote a range of web browsers, rather than just Internet Explorer program, to users in the European Union (EU)

[ Reply to This | Parent | # ]

Tougher Danish Tax Authorities
Authored by: Anonymous on Wednesday, March 06 2013 @ 10:53 AM EST
Danish tax authorities are seeking almost $ 1 billion in back taxes from
Microsoft.
This is part of a tougher EU stand on multinationals transferring money within
the company but across borders to circumvent tax demands.

A recent investigation found that only about 1/3 of companies located in Denmark
(domestic as well as foreign) pay the corporate taxes they are obliged to.
While these companies enjoy good infrastructure, a well-educated workforce pool,
next to no corruption, and a host of other, less quantifiable, benefits, they do
not feel the urge to contribute anything towards this.


[ Reply to This | Parent | # ]

The White House Supports the Right to Unlock Your Cellphone—but That's Just the Start
Authored by: Anonymous on Wednesday, March 06 2013 @ 02:49 PM EST

Article link.

Nice, I just hope the Whitehouse does extend that to "all consumer electronic devices". That should very much include the PS3 and it would be nice to tell Sony "it doesn't matter what your EULA says, the Law says I can remove your software and install my own regardless of teh EULA terms!"

Of course, there's lots of assumed factors - like the Law actually saying "regardless of license agreement terms, if you own the device hardware, you can remove their software".

RAS

[ Reply to This | Parent | # ]

The Holder News Picks: Prosecutorial Discretion and Aaron Swartz
Authored by: webster on Wednesday, March 06 2013 @ 10:08 PM EST
.

It might not be popular to defend Mr. Swartz' prosecutorial assailants, but Mr.
Holder is right. They were not unreasonably hard on him from the usual
perspective.

First of all, forget about the maximum sentences. Sentences follow formulaic
guidelines that are well within any statutory maximum sentences. Someone with
no record will be accorded the most lenient guidelines. However, knowing the
guidelines, a prosecutor has immense power to bring charges sufficient in number
and seriousness that would result in significant jail time for certain
convictions.

Plea bargaining escalates. The longer a defendant takes and the more work he
makes the prosecution do, the tougher his plea offers get. He apparently had a
pre-indictment offer with a guideline of two months, but probation eligible.
After indictment, the offer went up. The offer extant at the end was to charges
allowing the government to ask for 6 months incarceration with the defendant
able to ask for probation. As a lawyer is known to say to his client, "the
answer to most of your questions is that it's up to the judge."

If Mr. Swartz had refused all offers and exercised his Constitutional right to a
jury trial, he would have faced more severe guidelines than those determined by
the plea offers. It would not have been anywhere near 35 years.

Also if the government had asked for a severe sentence, with a flourish Swartz'
counsel would call their recommendations false and remind the judge of the
government's own generous plea offers that indicated that this was not so dire a
calamity. "The government certainly does not want the court to punish Mr.
Swartz for exercising the right to a jury trial which we all share."

You have to work hard to get locked up. It's easier to get locked up for not
showing up or dirty urines. One has to do a lot and ignore judges and probation
officers. This is particularly so in money and drug crimes. You have to use a
weapon or steal many dollars at first. Drug dealers plead to thirty and
sixty-year offenses all the time. The maximums mean little. It is the
guidelines.

Swartz was a man of great brilliance and vulnerabilities. An easy, safe out
with a guilty plea was not really so safe for him. He would have been ordered
away from computers so as not to be a "danger." He probably couldn't
chew gum, watch TV and read for three years on probation. The expense and risks
of a trial tortured him also. This is a loss for everyone.

Unfortunately, prosecutors can use the laws that are passed. The incumbent
powers in the governments of the world recognize the internet as a threat. They
will never deem an attempt to control it as an abuse of discretion; it is
self-preservation. This sheds a light on an imbalance in the government's
monopoly powers. Copyright crime! It is a bitter contest with fairness invoked
if at all in the ending sentence.

~webster~

.

[ Reply to This | Parent | # ]

Nokia joins Apple to secure injunction against Samsung
Authored by: Anonymous on Thursday, March 07 2013 @ 10:47 AM EST
Link - GSMArena

[ Reply to This | Parent | # ]

TechCrunch: Microsoft's Patent Lawsuit Against Google Could Shut Down Google Maps In Germany
Authored by: Anonymous on Thursday, March 07 2013 @ 03:42 PM EST
TechCrunch: Microsoft's Patent Lawsuit Against Google Could Shut Down Google Maps In Germany

[ Reply to This | Parent | # ]

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