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Digital Millennium Copyright Act
Michael S. Elkin and Thomas P. Lane, partners at Winston & Strawn, write that a recent decision may establish that YouTube's other actions should not disqualify it from protection under DMCA's safe harbor: YouTube's encoding of video lacks volitional conduct sufficient to disqualify it from the safe harbor; Viacom did provide DMCA-compliant notices of infringement before suit, and YouTube purportedly responded expeditiously, and; the structure of YouTube's site does not provide YouTube with the right and ability to control the infringing activity on its site, notwithstanding its ability and efforts to filter adult content and perform other system maintenance.Argentina Dealt a $1.4 Billion Defeat in U.S. Bond Debt Case
The U.S. Court of Appeals for the Second Circuit gave Argentina's spurned bondholders a $1.4 billion victory Friday in their lengthy legal battle to collect debts unpaid since the country's world-record 2001 default.Attorney Depression Rises as Economy Sinks
The typical attorney personality and training are actually barriers to treating emotional problems and substance abuse, says one expert.Justices Explore Limits of Immunity For Prosecutors
U.S. Supreme Court justices appeared torn Wednesday over whether prosecutors deserve total immunity from lawsuits for their official acts, even when they fabricate evidence in pursuit of a murder indictment and conviction.
Judge: Divorce Code Does Not Apply in Same-Sex Splits
An Allegheny County Common Pleas Court judge has rejected a woman's attempt to have a brokerage account she entered into with her same-sex partner of 20 years divided equally between the two by applying aspects of the state's Divorce Code to an ongoing property division dispute between her and her same sex partner of 20 years.
Shock Jocks' Homosexual Inferences Not Defamatory, Federal Judge Rules
In today's society, at least in New Jersey, homosexuality has lost its stigma, so a false statement that someone is gay isn't slanderous, a federal judge in Trenton said Wednesday in dismissing a suit against two radio shock jocks.
Left Behind: Lobby Groups On Sidelines
Liberal interest groups could not have imagined that they'd be on the outside looking in during what was supposed to be a battle over President George W. Bush's first Supreme Court nominee.
U.S. Attorney May Force More Cases to Trial
U.S. Attorney Kevin Ryan says that he will start asking federal judges to set trial dates during a defendant's first appearance in court. The change is an indication of Ryan's more aggressive posture in litigating cases, a reminder of his background in state courts where prosecutors are more likely to throw caution to the wind in pursuing convictions. It is also a move that could help with the district's slow pace in resolving criminal cases.
Tracking Vacancies in Federal Inspector General Offices
The U.S. federal government contains no shortage of regulators and overseers of American business and life. A new report from the Project On Government Oversight asks: Where are the watchdogs who are supposed to be watching the watchdogs?Trending Stories
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