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Comment Re:way to be one sided (Score 1) 715

I have made this exact comment before to one of my son's teachers. The entire philosophical foundation for her behavior and attitude was that her job would be amazing, if it wasn't for all those kids demanding her time and attention. She hated assigning homework because she had to grade it, she rarely ever sent work home to be reviewed or show us any sort of the curriculum they used. We had absolutely NO WAY of knowing what our child was doing in school except to ask him (then he was 11 years old) what they studied and what he did well on and what he was struggling with.

After two (very respectful) meetings with the teacher, I reported to her management that she seemed to think those kids were there merely to give her a job. It was disgusting.

Eventually she was let go (another year down the road). She isn't average in her blatant laziness, but I bet that attitude is more rampant than we know.

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment Reduction of risk, not of responsibility (Score 1) 937

When a surgeon is first out of medical school, they will do dozens if not hundreds of surgeries under the direct supervision of an attending surgeon. If that med student starts to do something dangerous, the attending (who was there the whole time watching) will step in and help them out. Any time the master steps in the student learns something new, effectively making it better. This doesn't mean the attending will lose focus after a few minutes and start reading a paper or playing on his/her phone, it just means they aren't the one actively performing the surgery. If the student destroys someone's knee or kidney or bowel the attending is held responsible, but the student gets bad marks for causing the situation in the first place. It is an effective feedback system.

Brad

Submission + - Google Books case dismissed on Fair Use Grounds

NewYorkCountryLawyer writes: In a case of major importance, the long simmering battle between the Authors Guild and Google has reached its climax, with the court granting Google's motion for summary judgment, dismissing the case, on fair use grounds. In his 30-page decision (PDF), Judge Denny Chin — who has been a District Court Judge throughout most of the life of the case but is now a Circuit Court Judge — reasoned that, although Google's own motive for its "Library Project" (which scans books from libraries without the copyright owners' permission and makes the material publicly available for search), is commercial profit, the project itself serves significant educational purposes, and actually enhances, rather than detracts from, the value of the works, since it helps promote sales of the works. Judge Chin also felt that it was impossible to use Google's scanned material, either for making full copies, or for reading the books, so that it did not compete with the books themselves.

Submission + - Aereo required to testify about non-public patent info

NewYorkCountryLawyer writes: In ABC v Aereo, a copyright infringement action against Aereo, the Magistrate Judge has overruled Aereo's attorney/client privilege objection to being forced to divulge non-public details about its patented technology. In his 15 page decision (PDF) he ordered the continued deposition of the company's CTO and CEO about their patent applications. My gut reaction is that this sets a very dangerous precedent, giving the big copyright plaintiffs yet another 'in terrorem' device to use against technology startups — the power to use the lawsuit as a chance to delve into a defendant's non-public tech secrets.

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