That's some very tortured reasoning there. Judges are not allowed to define the terms; congress does that.
I understand your support for the "spirit" of the ruling, but it was an unconstitutional ruling nonetheless.
I'm sorry, but this is flat wrong when it comes to American law. The US Supreme Court, not you, decide what is and what isn't constitutional. If SCOTUS says so, it is so. See Marbury v. Madison decided in 1803. If you have a problem with the judiciary being the co-equal branch that interprets and is the final arbiter of the Constitution, you have a problem of over 200 years of precedent and Article III, Section II of the Constitution.
The American legal system is a common law system. It is defined precisely to allow judges to interpret and define the scope of statutes and the constitution when deciding a true controversy between (at least) two parties with standing. If you want the legislature to "define" everything, then go to a civil law jurisdiction like Germany. (And there's nothing wrong with civil law or the Germans, it's just different.)
Defendants have directly copied or paraphrased substantial portions of TPP's teleplays. Much of the book consists of detailed description of the plot, setting, and character development of the first eight episodes of "Twin Peaks." Excerpts from episodes are quoted verbatim. A work that is literally similar may be found to be an infringement of copyright.
This Court further finds that because "Welcome to Twin Peaks" is based on the teleplay and employs direct quotations and paraphrases, it is a derivative work.
There are plenty of places for you to educate yourself on the subject outside of Slashdot. I would strongly recommend that you do your homework in the future.
The Fourth Amendment of the U.S. Constitution provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
Demanding a company perform an action which is ILLEGAL in all other circumstances meets and exceeds the definition of abuse of power. If you want to use the common, and somewhat fallacious, argument of a safe: A safe maker may be compelled to produce a key for a safe, and reimbursed for the cost of making said key. If the safe owner modified the lock and the key does not work, the Government can NOT compel the safe maker to blow open the safe.
What the Government is demanding is not just for Apple to blow up the safe, they are requesting a permanent opening be made in ALL safes for their convenience. The only way this would meet probable cause would be to claim that ALL citizens are criminals. That last part is a violation of much more than the 4th amendment.
This is not a Fourth Amendment issue. Instead, this is an issue regarding the All Writs Act, which states in its entirety:
(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Four conditions must be met before a court can order a third-party to do something under the All Writs Act:
Apple is challenging all but the second of those requirements, and is also arguing that its First Amendment rights against compelled speech is infringed. There is enough analysis elsewhere on Apple's argument that I won't repeat it.
Why isn't this a Fourth Amendment issue? Being compelled to perform an action, whether it be in the case of a locksmith opening a safe or a telephone company installing pen registers, is not a Fourth Amendment issue. Additionally, a warrant or consent overcomes the protection against searches and seizures. There is no doubt that a judge would issue a warrant to search the phone. Most importantly, the actual owner is the county, not the terrorist, and the county provided consent to search the phone.
Please read the briefs. They are entertaining reads. We need to focus on where our outrage should be targeted, and in this circumstance, it's not the government's abuse of the Fourth Amendment.
Distributed power generation could provide a vital back up for such grid failures. So to protect the profit potential of utilities sucking the blood of captive customers we need to sabotage roof top solar first. If grid gets sabotaged, then we can get the feds to cough up money for doing all the maintenance work that were cut back for decades.
The big lesson learned from the 2008 financial collapse is: fail big. Fail small, you need to pay for the cost of failure. Fail big, feds will pay for the cost of failure. So make sure that all failures are catastrophic, so that there is huge public pressure to "do something". The utilities will have contingency plans ready to hold the hat out for federal handout.
Power generation is already distributed across the country and regions in a diverse portfolio mix of technologies most appropriate for the geography. Sure, they're large generators, but it's presently the most cost-effective, safe, and reliable method of generating *and* transmitting energy. The problem is that we have three, huge interconnected grids in the United States in order to move that generated energy at the moment it's generated in precise equilibrium with demand. Failures in transmission, as this Crimea story says, result in cascading failures based on safety. The distributed generation you're speaking of, primarily solar (and I'll throw wind in there too), is intermittent and unreliable, and therefore requires *more* transmission capability in order to move energy from where the sun is shining or the wind is blowing at any given moment to where demand resides. Until energy storage becomes cost effective (and we're nowhere near that), transmission and distribution is the primary problem.
As such, the dependency on the grid is the problem, not renewable distributed generation. The solution is microgrids with small scale nuclear plants that *can* operate independently of the grid when necessary, but that opens up a whole other level of concerns, almost all based on NIMBY fears.
As much as I would like to agree with you, you cannot read the language "to the extent permitted by law" as referring solely to the "treaty law" (sic). If the drafters wanted that limitation, they would have said, "to the extent provided by this Document" or similar. The phrase "to the extent permitted by law" is a nod to the local laws wherever the election is taking place, so that the observers do not interfere with the process. Guess who decides what "interference is": the local legislature.
It does not make sense to say that the only limitations on the observers arise from the Document itself. Can observers hover over local officials? Can they touch and inspect every ballot? These actions are all regulated by local laws. The 100 foot distance is Texas is asinine, but it's the local law.
3. Unauthorized resale: Authentic goods being sold in some manner that makes the manufacturer a sad, sad, panda.
. .
[T]hey will also bust you for importing authentic Rolexes, legally purchased outside the US, if the trademark holder doesn't want you selling them in the US, despite them being 100% genuine product, with no theft or fraud in the distribution chain
The Supreme Court will decide this issue next term in the context of a student importing legally purchased textbooks in Thailand and reselling them in the US. http://www.scotusblog.com/case-files/cases/kirtsaeng-v-john-wiley-sons-inc/
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The clauses go hand in hand. Yes, you maintain ownership because you are not assigning all of your rights to Google when you upload a file. The problem comes with the overly broad grant of a license from you (as owner) to Google (as licensee). The limiting language used by Google is not enough to ensure that you do not intend to give them permission to make your otherwise private material public in ways you hadn't anticipated.
Google does not need to own your IP to do (almost) anything it wants with your material; all they need is a broad enough license.
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