Comment Re:The Land of the Free (Score 5, Interesting) 493
Oh yeah, kids have limited consitutional rights - especially in education.
(a) General Rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
. The list of things defined as public accomodations is extensive and seems to be extremely inclusive extending so as to encompass pretty much all social, commercial, and political venues. It hasn't yet been decided websites or online commercial activities - like XBox live - fall under that definition.
I found mention here of the following
The Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin, has stated that a web site could qualify as a public accommodation. Specifically, the Court declared that "the owner or operator of a store, hotel, restaurant,
..., web site, or other facility (whether in physical space or in electronic space) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the non-disabled do." Doe v. Mutual of Omaha Ins. Co., 179 F.3d 559 (7th Cir. 1999), cert. denied, 68 U.S.L.W. 3432 (U.S. Jan. 11, 2000) (No. 99-772)).
Directs any actions against domestic domains to be in the judicial district where the domain name registrar or registry is located or, if such a domain is located or doing business in more than one judicial district, in the judicial district of its principal place of business. Allows any actions against nondomestic domains to be brought in the District of Columbia if: (1) such a domain is used within the United States to access an infringing site; (2) the site directs business to U.S. residents; and (3) the site harms U.S. intellectual property rights holders. Requires a court determining whether a site directs business to U.S. residents to consider factors including: (1) whether goods or services are being provided to U.S. users; (2) intent; (3) prevention measures; and (4) whether any prices for such goods and services are indicated in U.S. currency.
We run companies large and small that represent diverse aspects of America's intellectual property community. While our employees live in different regions of the country, and work to produce a variety of goods and services, they have several important things in common - they work hard, they are committed to quality and innovation and they welcome competition. However, allowing others to unfairly compete by stealing the ideas, innovations and intellectual property rights created by our employees cannot be tolerated. This theft diminishes our ability to keep and create jobs, and makes it far more difficult to attract the capital needed to invest in new products and services. In order to protect our free enterprise system, and the standard of living it has contributed to our nation, it is critical that we multiply our efforts to identify and punish the criminals who steal what we create and produce.
Thus, we appreciate the effort and energy behind Operation in Our Sites. The actions announced on November 29, 2010 once again demonstrated that, just as in the physical world, prosecutors and courts can judiciously assess evidence and distinguish between legitimate businesses and criminal enterprises that flout the law and profit from the ingenuity of others. We believe that the online marketplace can only work for consumers and creators if there is respect for property rights and the rule of law - and urge you to continue to act against the kinds of domains that you have targeted. Unfortunately, there are far too many sites stealing from our businesses but we believe that your efforts will drive consumers to the many legitimate online ventures and services that we have worked hard to foster and support.
We encourage you to work with your colleagues in the Administration and the Congress toward enactment of the principles central to S. 3804 - the Combating Online Infringement and Counterfeits Act. The legislation crafted by Senators Leahy and Hatch was unanimously approved by the Senate Judiciary Committee and will undoubtedly be reintroduced this congress. The proposal expounds upon the law enforcement techniques at the heart of "Operation In Our Sites" and will ensure that rogue sites cannot evade U.S. jurisdiction by escaping offshore to foreign-based registrars, registries and country codes in order to peddle stolen American intellectual property back into the U.S. market. In addition, the Leahy-Hatch proposal provides an entirely new level of protection for U.S. rights holders by establishing the legal framework necessary to disrupt the business models of the illicit, offshore sites by starving them of the financing, advertising and access to consumers upon which they depend. The carefully balanced measure would allow American law enforcement officials and U.S. courts to deny thieves the ability to use the Internet to enter the U.S. market and undermine our businesses while reaping financial gain for themselves.
We hope that you will continue dedicating resources to Operation in Our Sites and work toward the Obama Administration's endorsement of the Leahy-Hatch legislation.
Any program which runs right is obsolete.