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Comment Re:Quick change needed [Re:Stop] (Score 3, Interesting) 349

There is one potential issue. I only found it when I was using a smaller regional ISP while I dealt with a billing dispute with Charter. If your ISP uses extreme levels of NAT and is used primarily by tech-savvy people (those who would be likely to use Google DNS in the first place). It may look to Google like a single IP address is hammering their DNS servers with queries and they may block that particular public IP address. I got that one explained to me by the president of that small ISP about a year ago when I asked why my DNS queries weren't going through and ended up being escalated to the top.

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 Re:Rule #1 (Score 4, Informative) 894

Legally speaking, every male American citizen between the ages of 17-45 who is not an active duty member of the armed forces and every female member of the National Guard is a member of the 'militia of the United States' by federal law (10 USC 311). That militia is formed for the purpose of draft selection but, it's still a militia set up by federal law and if that doesn't meet the requirements for "A well regulated Militia" then I don't know what does. I, being a 28 year old male citizen of the United States, therefore consider myself to be a member of the well regulated militia of the United States and therefore have the right to bear arms. Even if I have not to this point chosen to exercise that particular right.

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.

Comment Re:Hint (Score 3, Interesting) 1160

You do know that only treason, murder, and (in a few states) child rape are punishable by the death penalty in the United States, right? Keeping these people locked up for life is also an excellent way to prevent re-offending. In fact, it's cheaper to keep them locked up than it is to execute them in most cases.

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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